JUDGMENT OF THE COURT
[1] The appeal herein arises from the judgment of the High Court (Ali Aroni and Chemitei, JJ) in which the High Court dismissed an appeal lodged by the appellants against their conviction and sentence by the Senior Resident Magistrate’s Court at Ukwala, for charges of robbery with violence, and rape.
[2] The two appellants were jointly charged before the Senior Resident Magistrate’s Court (SRM) Ukwala with two counts, the first count being that on the nights of 5th and 6th September, 2010 at around 2.00 a.m in Ugenya district within Nyanza Province, jointly with others not before Court while armed with pangas and rungus, they robbed RRO (R) of cash Kshs. 16,000/- a radio, and assorted clothes all valued at Kshs. 19,000/- and used actual violence on the said R.
[3] In the second count, the appellants were charged with gang rape contrary to Section 10 of the Sexual Offences Act No. 3 of 2006. It was alleged that on the nights of 5th and 6th September, 2010 at around 2…