JUDGMENT OF THE COURT
Richard Muthama Nyaga, the appellant, was jointly charged with Justus Makau Kisunu (Justus) and Joseph Masila Kimilu (Joseph) with the offence of robbery with violence contrary to Section 296(2) of the Penal Code in the Chief Magistrate’s Court at Machakos.
The particulars of the charge were that on 31st August, 2004 at Ngangani Village, Yathui Location in Machakos District within the then Eastern Province, the appellant and his co-accused jointly with others not before the court, being armed with dangerous weapons namely bows, arrows and pangas robbed Fredrick Maundu Mutua of cash Kshs. 30,800/=, Sony Erickson mobile phone, one Artech radio, two pairs of black shoes, two pairsof jeans trousers, one radio speaker, three head caps, one godfather hat allvalued at Kshs. 52,500/= and at or immediately before or immediately after such robbery threatened to use violence on the said Fredrick Maundu Mutua.
The appellant and his co-accused pleaded not guilty to the charge. T…