JUDGMENT OF THE COURT
The appellant, Robert Thuo Mugo, was charged with the offence of attempted robbery with violence contrary to section 297(2) of the Penal Code. The particulars of the offence as stated in the charge sheet were that on the 18th day of November 1998 at Nairobi Railway Station while armed with a dangerous weapon namely a pistol jointly with others not before the court attempted to rob Robert Ondego of cash K.Shs.354,148/= and at or immediately before or immediately after the time of such attempted robbery, used actual violence on the said Robert Ondego. The appellant was also charged with two other counts, namely being in unlawful possession of a firearm contrary to section 4(2) (a) of the Firearms Act (Cap.114 Laws of Kenya) and being in unlawful possession of ammunition contrary to section 4(2)(a) of the said Firearms Act. The appellant pleaded “Not Guilty” and his trial commenced on 24th May, 1993 before the learned Principal Magistrate at Kibera (Mrs. J. Ondieki).
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