JUDGMENT OF THE COURT
This is a second and final appeal from the decision of the superior court in Criminal Appeal Nos. 835 of 2001 and 838 of 2001 which were consolidated and heard together by the superior court (Mbaluto and Onyancha, JJ.) at Nairobi. The first appellant, Joel Saiyanga Ole Mwaniki, who was the second accused in the subordinate court at Kibera and the second appellant, Joseph Otieno Ogutu, who was the first accused in the same case were jointly charged before the Senior Principal Magistrate at Kibera with three counts of robbery with violence contrary to section 296(2) of the Penal Code, one count of malicious damage to property contrary to section 339(1) of the Penal Code, and two counts of attempted robbery with violence contrary to section 297(2) of the Penal Code. They both pleaded not guilty to the charges but after full hearing, Ms Siganga, the learned Senior Resident Magistrate (as she then was) found the second appellant, Joseph Otieno Ogutu, guilty of the firs…