JUDGMENT OF THE COURT
The two appellants Abiud Muchiri Murioh Alex alias Aliud and David Kariuki Nthambara alias Ndomboro were jointly charged with another in the Principal Magistrate’s Court at Siakago with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the charge read that on the 7th day of October, 2011 at Kiamutho Village Kanyuambora in Mbeere North District of Embu County jointly with others not before court while armed with offensive weapons namely pangas and slashers robbed James Mugo Njeru of one bag of 50 kgs fertilizer, four tins of beans, fourteen tins of cow peas, nine tins of green grams and one panga all valued at Ksh.8,070/- and at or immediately before or immediately after the time of such robbery used actual violence on the said James Mugo Njeru.
The brief facts of the case are that on the night of 7th October, 2011 the complainant James Mugo Njeru (PW2) (James), was asleep alone in his house. At about 4.00 am he he…