JUDGMENT OF THE COURT
The appellants were charged, tried, convicted and sentenced for robbery with violence contrary to Section 296 (2) of the Penal Code by C. W. Meoli, Chief Magistrate at Thika, in that on 11th day of November, 2008 at Field 49 of Delmonte (K) Limited in Thika Town within Kiambu County jointly with others not before court, while armed with dangerous weapons namely; panga, sword and rungus, they threatened two security guards using the said weapons and thereafter harvested 30 pineapple fruits valued at Ksh. 1,500. They were also convicted of injuring an animal contrary to Section 338 of the Penal Code. The particulars of the offence were that on the same date and in the same place, they jointly willfully and unlawfully wounded an animal capable of being stolen namely a dog the property of Delmonte (K) Limited.
Their first appeal against both conviction and sentence was dismissed by the High Court (Ogola and Kamau, JJ), provoking this appeal in which only one point of l…