JUDGMENT OF THE COURT
On 8th September, 2004, Richard Nyariki Turungi, the appellant herein, together with two other named persons appeared before a Principal Magistrate at Kisii charged with two counts of robbery with violence contrary to section 296(2) of the Penal Code. The other two people charged with the appellant were Oscar Moruri Nyamuta (Accused No.2) and Alfred Nyariki Olango (Accused No.3). The particulars contained in the two counts were different. In count one, the particulars were that:-
“On the 2nd day of September, 2004 at Ichuni Sub-location in Nyamira District within Nyanza Province, jointly robbed COSMAS MOSE of one Yashika camera and cash Shs.1,200/= and that immediately before or immediately after the time of such robbery used actual violence to the said Cosmas mose (sic).”
The particulars in the second count were that:-
“On the 2nd day of September, 2004 at Ichuni Sub-location in Nyamira District within Nyanza Province, jointly while armed with dangerous weapons name…