JOSPHAT ASHIUNDU & 3 OTHERS
V.
REPUBLIC

JUDGMENT OF THE COURT

[1] This is an appeal by Josphat Ashiundu (1^st Appellant); Oscar Lihanda (2^nd appellant); Charles Mzee (3^rd appellant) and Samuel Oyondi (4^th appellant). The name of Augustine Lihanda appears on the cover of the record of appeal as one of the appellants. However, there is no memorandum of appeal filed by him and he did not attend the hearing of the appeal. Further, Augustine Lihanda was not one of the appellants in the High Court. The appellants in the High Court were the four appellants herein and in that order. It seems that the name of Augustine Lianda was inserted as an appellant by error.

[2] The four appellants were jointly charged with two others with eight counts of robbery with violence contrary to section 296(2) of the Penal Code. In addition, they were charged with one count of attempted robbery contrary to section 297 of the Penal Code. The trial magistrate, Hon. E. O. Obaga (as he then was) summarised his decision thus:

“Count 1: - Accused one acquitted…