JUDGMENT OF THE COURT
The appellants herein JOHN SIMIYU WALIBWA, and MICHAEL NGUGI GITAU were arraigned before the Chief Magistrate’s Court at Nakuru in Criminal Case No 2352 of 2000 on a charge of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence stated as follows:
“1. JOHN SIMIYU WALIBWA 2. MICHAEL NGUGI GITAU on the 23rd day of October 2000 at Shik Park View Hotel Nakuru Town within Nakuru District of the Rift Valley Province jointly while armed with dangerous weapons namely a short gun, robbed John Gichuru Jomo of a Motor Vehicle Reg. No. KAJ 30N Toyota corolla white in colour valued at Kshs. 290,000 and cash 50/- all valued at Kshs. 290,050/- and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said John Gichuki Njomo”.
The two appellants were jointly charged with a third person, ALLAN GICHUKI NGANGA on a second count of conspiracy to commit a felony contrary to section 39…