JUDGMENT OF THE COURT
Although the three appellants in this appeal had filed separate memoranda of appeal raising some 17 grounds of appeal between them, learned counsel, Mr. Ngumbau Mutua who appeared for them before us, abandoned all those grounds and argued only one ground in a supplementary memorandum of appeal filed by his firm. It is simply stated, thus: “That the proceedings in the trial court were a nullity”. It was also simply argued, but first, the background to the appeal. The three appellants were jointly and severally convicted before Kibera Senior Resident Magistrate on one count of the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. As the particulars of the charge are the focus of this appeal, we reproduce them in full: - “PARTICULARS:
MALAKI LESANI OLE NGAI (2) JULIUS MATHEKA(3) FRANCIS IRERI (4) PETER MBATHI MAINA (5) DAVID MAINA MWANGI: On the 7th day of January 1998 at Ongata Rongai in Kajiado District of the Rift Valley Province, robb…