JUDGMENT OF THE COURT
The two appellants challenge their conviction for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. It had been alleged in the main count before Isiolo Senior Resident Magistrate (Korir Esq.), that the two, “ jointly with others not before court, on 14th February, 2003 (sic) at Isiolo township, robbed Hassan Huka of his Jacket valued at Kshs.900 and cash Kshs.1200/- and immediately before the time of such robbery wounded the said Hassan Huka .” There was an alternative charge relating to the first appellant, John Kubai, alleging that he, on 15th February, 2004 at Isiolo Township, otherwise than in the course of stealing, dishonestly received, or retained a jacket worth Kshs.900/- knowing or having reason to believe it to be stolen property. The trial Magistrate found the principal charge proved beyond reasonable doubt, convicted the two appellants and sentenced them to death. No finding was made on the alternative charge, and corr…