JUDGMENT OF THE COURT
The first appellant Boniface Wahome Maina was the second accused at the trial while the second appellant Samuel Mbugua Mburu was the first accused. They were jointly charged with three others with two counts of robbery with violence contrary to section 296 (2) of the Penal Code. The trial magistrate convicted the two appellants and others but acquitted the 5th accused. On appeal to the superior court, the two co-accused were acquitted but the appellants’ appeal against both conviction and sentence was dismissed. In the first count, the appellants and the three co-accused were alleged to have robbed Peter Waweru Muchina (1st complainant), (Waweru) on 12th May 2005 of Ksh.8,000/=, radio cassette, two pangas and a Somali sword at Gakuu village Maragua District.In the second count, the appellants and co-accused were alleged to have robbed Dorcas Wairimu Waweru (2nd complainant), on the same date and at the same place of one mobile phone and Ksh.300/=.
On the night of …