JUDGMENT OF THE COURT
Kennedy Owino Otieno and George Ochieng Abala, the appellants herein, were jointly charged in the Principal Magistrate’s Court at Siaya with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of charge were that on 6th day of May, 2005 at Nyandiwa Sub-Location in Siaya District of Nyanza Province while armed with dangerous weapons namely, pangas and metal bars jointly robbed Odhiambo Theodore Onimbo, (PW1) of his cash Kshs.200/= and a torch all valued at Kshs.400/= and at or immediately before or immediately after the time of such robbery wounded the said Odhiambo Theodore Onimbo. The 1st appellant was separately charged with the alternative offence of handling stolen property contrary to section 322(2) of the Penal Code in that on the same day and at the same place otherwise than in the course of stealing dishonestly retained a torch knowing or having reason to believe the same to be stolen property. The case was he…