JUDGMENT OF THE COURT
The appellant ROBERT MWANGI NJOROGE (the then 1st accused) together with SELESTIN SALIM SWAI (the then 2nd accused) were charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars were that on the 21st day of May, 2005 at Uthiru in Nairobi within the Nairobi Area jointly with others not before the court, while armed with knives robbed
VIRGINIA WANJIRU MUGAMBI of her cash Kshs. 2,700/=, a mobile phone make Panasonic X-100 serial No: 354144001659604 and (sic) Ukay uniform all valued at Kshs. 20,000/= and at or immediately before or immediately after the time of such robbery used personal violence to the said VIRGINIA WANJIRU MUGAMBI.
The trial commenced on 11th August 2005 before Hon. Muchira, the then Senior Resident Magistrate, Kibera, who recorded the evidence of PW1 VIRGINIA WANJIKU MUGAMBI, PW2 JAMES KIMONDO NGUNJIRI and PW3 Pc LEONARD MUA. The trial was thereafter taken over by Hon. Wasilwa, the then Principal…