JUDGMENT OF THE COURT
The three appellants herein were jointly charged with others not before the court with the offence of robbery with violence contrary to section 296(2) of the Penal Code. Two of those others, one Lemicus Likavo Muhalia and one Morris Silele were charged and tried separately in Kakamega and Butere law courts respectively. An appeal relating to the former was also heard before this bench and we shall comment on that matter shortly.
The particulars of the charge facing the appellants here were that on the 5th day of October, 2000 at Savane sub location, Iguhu location in Kakamega District within Western Province, jointly with others not before court they robbed Aggrey Livoko Musindi of cash Ksh.500/- and a pair of shoes valued at Kshs.1,400/- and after or immediately before or immediately after the time of such robbery wounded the said Aggrey Livoko Musindi. Upon conclusion of the trial by Kakamega Senior Principal Magistrate, Mr. Muiruri, the three were convicted as c…