JUDGMENT OF THE COURT
The appellants Geoffrey Onyango Opiyo, Kevin Momanyi Babu and Harun Onkendi John, appeared before Principal Magistrate at Migori and were charged as follows:-
“Count One: Robbery with Violence Contrary to section 296 (2) of the Penal Code, in that on the night of 14th/15th January 2005, in, Migori District in Nyanza Province, Jointly with others not before Court while armed with pistols, pangas and axes, robbed Joash Otieno Kongere of Mobile phone make Siemen A 35, two wrist watches, one type writer, one radio cassette make singer, one pressure lamp, two speakers, one rain jacket, one set of table claims (clothes), one door curtain, three pairs of men’s shoes, two pairs of woven shoes and cash Ksh.2000/-, all valued at KShs.100,590/- and at or immediately before or immediately after the time of such robbery used actual violence to the said Joash Otieno Kongere.
Count Two: Robbery with Violence Contrary to section 296 (2) of the Penal Code, in that on the nights of 1…