JUDGMENT OF THE COURT
1. Silas Pamba Philip, the appellant herein, was on the 6th November, 1998 arraigned before the Chief Magistrate’s Court at Kibera and charged with two counts of the offence of robbery with violence contrary to section 296 of the Penal Code, Chapter 63 of the Laws of Kenya. The particulars of the first count were that on the 13th September, 1998, at Kawangware within Nairobi area, jointly with others not before the Court, the appellant robbed Francis Waweru of a Seiko wristwatch and a wallet, all valued at Kshs.9,300.00, and immediately before or immediately after the time of such robbery, threatened to shoot the said Francis Waweru.
2.The particulars on the second count were that on the same day and time, the appellant robbed Catherine Waweru of Kshs.3,700.00 and at, or immediately before or immediately after the time of such robbery threatened to shoot her.
3.The evidence as led before the trial court was that at around 10:00 pm on the 13th September, 1998, Franci…