JUDGMENT OF THE COURT
Of the three counts of robbery for which the appellants were charged before the Kilifi Senior Resident Magistrate's Court, the first and third counts were under Section 296(1) of the Penal Code while the second count was under Section 296(2) of the same Code. The robbery had taken place at the home of Chrispine Yongo (P.W.1) on the night of 24th November, 1993, at about 8.30 p.m. lasting about one and half hours. After a full trial, the trial magistrate held that the appellants did take part in the robbery at this home but that although they were said to have been armed, they did not use violence of any significance in the course of the robbery. On that account, the learned trial magistrate reduced the charge of capital robbery above mentioned to that of simple robbery contrary to Section 296(1) of the Penal Cod e and accordingly convicted the appellants on all the three counts for the offence of robbery contrary to section 296(1) of the Penal Code and on the firs…