JUDGMENT OF THE COURT
This is the second and final appeal, the first having been dismissed by the superior court (Sergon and Makhandia, JJ.) on 4th December, 2009. Ginaro Wachira Muriithi, Paul Gitonga Wahome, Charles Guandaro Mwihoto, Robert Mwangi Weru and Francis Mwangi Weru, the appellants were all charged in the Chief Magistrate’s Court at Nyeri with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that on the 12th day of June, 2004 at Kalundu Village in Nyeri District within Central Province jointly with others not before the court while armed with pangas robbed Andrew Wachira Nguthiru of one motor vehicle registration number KAG 615C Toyota pick-up, two radio cassettes, three jackets, one CD machine, one colour television and a box containing documents, all valued at Kshs.362,600/= and at or immediately before or immediately after the time of such robbery beat the said Andrew Wachira Nguthiru. There was also a…