JUDGMENT OF THE COURT
The appellants were charged before the Chief Magistrate's Court, Mombasa with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars were that on 17th June, 2007 at Nyali Estate in Mombasa within the Coast Province, jointly with others not before court, while armed with unknown dangerous weapons and a toy pistol robbed Wycliff Egesa Khaemba one Honda generator serial number G.2009-22052 and one fridge make Samsung serial number 4AGW 70085X all valued at Kshs.60,000/= and at or immediately before or immediately after the time of such robbery wounded the said Wycliff Egesa Khaemba. The appellants both again faced a second charge of being in possession of imitation firearm to wit a toy pistol contrary to section 34(1) of the Firearms Act.
The appellants denied the charges and the case proceeded for hearing before T. Mwangi, Senior Resident Magistrate. A total of six witnesses were summoned by the prosecution in a bid to prov…