JUDGMENT OF THE COURT
The genesis of this appeal is a charge sheet presented to the Chief Magistrate’s Court at Kiambu in Criminal Case No 359 of 2001, in which the appellant SIMON MBAYA KAMAU and his co-accused PETER NGIGI MUTHONI were jointly charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the charge were as follows:
“1. SIMON MBAYA KAMAU 2. PETER NGIGE MUTHONI: On the 21st day of February, 2001 at Karuri village in Kiambu District within Central province, jointly with another not before court robbed JOHN OMOKE MOSORA of crates of bread valued Kshs.3,800/- and at or immediately before or immediately after the time of such robbery used actual violence to the said JOHN MOSORA.”
The two pleaded “not guilty” to the charge on 2nd March, 2001 and their trial commenced before the learned Senior Resident Magistrate (J G Kingori) on 5th March, 2001. A total of five witnesses testified for the prosecution. The learned trial magi…