JUDGMENT OF THE COURT
In this second appeal, Boniface Liako Musima (1st appellant), W. K.A (2nd appellant) and Samuel Murunga Mururi (3rd appellant), challenge their conviction and sentence, by the Chief Magistrate’s Court at Makadara, Nairobi, for the offence of robbery with violence contrary to section 296(2) of the Penal Code. The three appellants were charged before the aforesaid court with two others whose appeals are not before us, that on 2nd June 1998, jointly with others not before the court while armed with offensive weapons to wit simis robbed Guy Robin of several assorted items including motor vehicle No.KAH 175 W, a Mercedes Benz 260E, Kshs.43,000 in cash, 7000 French Francs, 30 US dollars etc and at or immediately before or immediately after the time of the robbery wounded Guy Robin.
Ten witnesses testified at the trial, and at the conclusion of the case, the trial magistrate acquitted Wilfred Laus Letolo who was the 5th accused, but found the remaining 4 accused guilty as…