JUDGMENT OF THE COURT
The appellant herein WYCLIFF OCHIENG OTIENO, was arraigned before the Principal Magistrate’s Court at Nakuru where he was charged with two counts of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the offence were as follows:
“CT I. ROBBERY WITH VIOLENCE CONTRARY TO SECTION 296 (2) OF THE PENAL CODE.
WYCLIFF OCHIENG OTIENO on the 19th day of December, 2004 at Kericho town in Kericho District within Rift Valley Province, jointly with another not before court, being armed with a dangerous or offensive weapon namely a gun, robbed FAITH WAIRIMU NJUGUNA of a mobile phone make Nokia and cash Kshs.21,594/= all valued at Kshs.28,594/= and immediately before or immediately after, threatened to use actual violence to the said FAITH WAIRIMU NJUGUNA.”“CT II. ROBBERY WITH VIOLENCE CONTRARY TO SECTION 296 (2) OF THE PENAL CODE.WYCLIFF OCHIENG OTIENO on the 19th day of December, 2004 at Kericho town in Kericho District within Rift Valley Pro…