JUDGMENT OF THE COURT
On 15th January, 2002, a total of nine persons appeared before the then Chief Magistrate of Meru charged on two counts of robbery with violence contrary to section 296 (2) of the Penal Code. The first count stated in its particulars that on the 26th day of November, 2001 at Kaaga village in Meru Central District of Eastern Province, the named nine persons, being armed with dangerous or offensive weapons, namely rifles, simis and rungus, robbed Fredrick Kirugi of Kshs.20,000/- cash and during the robbery shot the said Fredrick Kirugi dead. The second count involved the widow of Fredrick Kirugi, Anastasia Kirugi, who was said to have been robbed of Kshs.10,000/- in cash, a bag and two bunches of keys and that during the robbery which took place at the same time and place as stated in the first count, the said robbers used actual violence upon Anastasia Kirugi. When these charges were read out to the appellant in a language which is not shown on the record, they all …