JUDGMENT OF THE COURT
The appellant Samuel Murimi Mwangi was arraigned in the senior resident magistrate’s court at Karatina on the offence of robbery with violence contrary to section 296(2) of the Panel Code. The particulars of the offence were that on the 20th day of December, 2009 at Mwitua village in Mathira East District of Central Province jointly with others not before court while armed with offensive weapons namely pangas they robbed Jose Newton Mutinda Karegi of cash Kshs.15,000/= and immediately before the time of such robbery threatened to use actual violence on the said Jose Newton Mutinda Karegi.
The appellant denied the charge prompting a trial. The brief facts were that Jose Newton Mutinda Karegei (Jose) and his wife Janet Charity Mumbi (Janet) were at the material time running a retail shop at Karindundu area within Karatina. On 20th December, 2009, Janet was at the back of the shop washing when she was summoned by Jose to come to the front of the shop. She did so. She …