JUDGMENT OF THE COURT
Introduction and Background
1. The appellant Nasario Ireri Njagi (Nasario) and Juliano Njuki Muguna (Juliano) were tried and convicted on 3rd June, 2008 by the Principal Magistrate at Siakago (F.M. Omenta) for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. It was alleged that on the 29th day of August, 2006 at Kanyuombora location in Mbeere District within the Eastern Province jointly while armed with dangerous or offensive weapons, namely sword, robbed Samuel Njiru Namu of cash 6,000/= and a pair of shoes valued Kshs. 150/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Samuel Njiru Namu.
2. The brief facts are that on the material day of 29th August, 2006 at 2.00pm, the complainant, Samuel Njiru Namu (PW1) a fishmonger in Kanyuombora market was cycling to Ishiara market when, at Wakaithi, he was accosted by the two appellants known to him as local residents. It was Ju…