JUDGMENT OF THE COURT
Nzau Muli and Samuel Muriithi Mbui, the 1st and 2nd the appellants herein, were charged in the Senior Principal Magistrate’s Court at Kitui with three counts of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the charge on the first count are that on the 29th day of June, 2000 at Kalundu market in Kitui District of the Eastern Province jointly with others not before the court while armed with dangerous or offensive weapons, to wit, an AK47 rifle and a panga they robbed Geoffrey Kasamba Mue of cash Kshs.3,000/= and at or immediately before or immediately after the time of such robbery killed the said Geoffrey Kasamba Mue, (the deceased). In counts 2 and 3 it is stated that on the same day and at the same market while armed with the same dangerous or offensive weapons the appellants with others not before the court robbed Jane Esther Kasamba and Jeremiah Kinyamasyo of cash Ksh.5,000/- and Kshs.4,000/= respectively and at or imm…