JUDGMENT OF THE COURT
The appellant herein, Kennedy Bogonko Monyoncho, (as the 1st Accused) and Kennedy Mokaya Nyachuba (as the 2nd Accused), were jointly charged with two counts of the offence of robbery with violence contrary to Section 296 (2) of the Penal Code before the Chief Magistrate’s Court at Kisii. It was alleged, in the first count, that on the 2nd day of May, 2008 at Nyandiba village, Matongo Sublocation, Kisii Central District in Nyanza Province, the appellant and the 2nd Accused, jointly, with others not before the court, while armed with bows and arrows robbed Mary Bosibori of Kshs.10,000 and four (4) chicken valued at Kshs.800/= and at and /or immediately before the time of such robbery threatened to use violence against the said Mary Bosibori (hereinafter (P.W 1).
It was alleged, in the 2nd count, that on the same day, at the same place, while similarly armed, the appellant and the 2nd accused in consort with others not before the court, robbed Samuel Onsomu (P.W.2) of…