JUDGMENT OF THE COURT
This is a second and last appeal. The first appellant, Nelson Simiyu, in this appeal referred to as Nelson Simiyu Siara (first appellant) was the third accused in the Senior Principal Magistrate’s Court at Kitale Criminal Case No. 3797 of 2000. The second appellant, Andrew Nyongesa Ekirapa, then referred to as Andrew Nyongesa (second appellant) was the first accused in that case. They, together with one Joseph Wasilwa (then second accused) were jointly charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of that charge were that:-
“On the 19th day of August 2000 in Trans-Nzoia District within Rift Valley Province jointly with others not before the court being armed with dangerous or offensive weapon (sic) namely pangas and knives robbed L.N.W of her bicycle, a panga, a wall clock make Ajanta, weighing scale machine, a sack of shelled maize all valued at Ksh.7,300/= and after the time of such robbery used ac…