JUDGMENT OF THE COURT
The appellant, STEPHEN KARANJA, was arraigned before the Chief Magistrate’s Court at Kibera on 14th July, 2004 in Criminal Case No. 5178 of 2004 charged with robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were as follows:-
“STEPHEN KARANJA
On the 6th day of June, 2004 along Ushirika road Hardy Estate within the Nairobi area (sic) province robbed Mr. Mark Orwa Mwai of Kshs.3,100/= and at or immediately before or immediately after the time of such robbery beat the said Mark Orwa Mwai.” The appellant denied the charge and his trial commenced on 3rd January, 2005 before Ms. Muchira (Senior Resident Magistrate). The prosecution called the complainant Mark Orwa Mwai (PW1) who testified on how he was robbed on the material day, and how he was able to identify the appellant as one of those who violently robbed him. Dr. Z. Kamau (PW2) testified on how he examined the complainant who had injuries which Dr. Kamau classified a…