JUDGMENT OF THE COURT
In this second appeal, Robert Kamau Wambui, the appellant, was charged before the Chief Magistrate at Makadara, with two counts of robbery with violence contrary to section 296 (2) of the Penal Code.
The particulars of the offence are that on 14th July 2006 at Maringo Estate jointly with others not before the court, the appellant while armed with dangerous weapons namely a toy pistol robbed the complainants, Francis Munyao Mutua, PW1 (Francis) of Kshs. 5,600/- and Joshua Mutisya Paul, PW2 (Joseph) of Kshs. 7,000/- and immediately before or immediately after threatened to use actual violence on each of the complainants’ respectively.
The appellant pleaded not guilty to the charges.
Briefly, the facts are that at about 7.30 p.m. on 14th July 2007, Francis and Joshua had gone to visit Joshua’s cousin in Maringo Estate, but his cousin was not at home. As they returned home, eight assailants attacked them, ordered them to lie down at gun point, and demanded Francis’ mobil…