JUDGMENT OF THE COURT
Jackson Muchiri Gachinga (1st appellant) was the 2nd accused, while Joseph Chege Marita, (2nd appellant) was the 4th accused before the Chief Magistrate’s Court at Kiambu, before which they were jointly charged with three others, whose appeals are not before us, with three counts of robbery with violence contrary to section 296(2) of the Penal Code and one count of rape contrary to section 140 of the same code. Both the appellants and another person whose appeal is not before us faced an alternative count of being in possession of stolen property otherwise than in the counts of stealing. Upon trial, the appellants were convicted of the first two counts as charged, but their conviction in the third count was on the reduced charge of robbery contrary to section 296(1) of the Penal Code. The 1st appellant was in addition convicted of the 4th count as charged. Their co-accused were acquitted of all counts. As expected, both the appellants were aggrieved and appealed t…