JUDGMENT
The appellants, Boniface Shitabai Mamati and Arthur Anguba Mutheshi were arraigned before the Chief Magistrate’s Court in Kakamega and jointly charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that on November 6, 2013 at (particulars withheld) market in Kakamega East District within Kakamega County jointly being armed with dangerous weapons namely slashers, they robbed AA Kshs 6,150 in cash, a Sonitech radio make, an amplifier, a speaker and a Nokia mobile phone all valued at Kshs 11,450. Immediately before the time of such offence they threatened to use actual violence on the said AA.
The prosecution called 5 witnesses who testified that on the night of November 6, 2013 at 12.00am, while PW1, AA and his wife, MS, PW2 were asleep, the appellants broke into their home carrying flash lights. They switched the lights in PW1’s house on and off 5 times and eventually left it on, before taking his phone…