JUDGMENT OF THE COURT
This is an appeal by Joseph Kairu Kigondu the 1st appellant, and Francis Mukei Gathungu , the 2nd appellant, who were jointly arraigned before, tried and convicted by the Chief Magistrate's Court at Nairobi of robbery with violence contrary to Section 296 (2) of the Penal Code , particulars of the offence being that:
"On the 28th day of August, 1995 at BP Petrol Station along Limuru Road, Nairobi within the Nairobi area jointly with others not before cou rt being armed with dangerous offensive weapon namely rifle AK47 and pistols robbed BETTY MAINA of her motor vehicle registration number KAB 463S Isuzu pick up white in colour valued at K.Shs.1.3 million and cash K.Shs.160,800/ - all valued at K.Shs.1,460,8 00/- and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said BETTY MAINA."
During the trial the prosecution called eight witnesses to testify against the appellants. The prosecution case was based o…