JUDGMENT OF THE COURT
Marikus Oduor Otieno and Nashon Sewe Oketch (herein after referred to as the first and second appellants respectively), were jointly charged before the Senior Resident Magistrate at Kisumu with one count of robbery with violence contrary to Section 296(2) of the Penal Code the particulars being that:-
“On 19th November 2005 along the Kisumu/Nairobi Road within Kisumu City, jointly with others not before the court while armed with a pistol, robbed James Awuoth Ago of Kshs 453,500/=, two bank books and two cheques all valued at Kshs 454,000 and at immediately before or immediately after the time of such robbery, shot and injured the said James Awuoth Ago.”
The first appellant was separately charged with two additional counts of being in possession of a firearm and being in possession of two rounds of ammunition without a firearm licence contrary to Section 4(1)(a) as read with Section 4(2)(a) of the Firearms Act,
The compacted particulars of these charges were that, on…