JUDGMENT OF THE COURT
1. The 1st and 2nd appellants, Obed Edes Tesha and Wilbert Philip Tesha were tried before the Magistrates Court (Mary A. Ochieng’, SRM) for the offence of robbery with violence contrary to section 296(2) of the Penal Code with an alternative charge of handling stolen goods contrary to section 322(2) of the Penal Code.
2. The particulars of the offence were that on 3rd October, 2012 at Emaui Village in Namanga, Kajiado Central County within Rift Valley Province, jointly while armed with a knife, the appellants robbed Saitoti Murumbe Kishinda a motorcycle registration no. KMCW 217V valued at Kshs. 75,000/= and at or immediately before or immediately after the time of such robbery they used actual violence; in the alternative they faced a charge of handling the same property which was believed to have been stolen.
3. The appellants denied the charges and trial proceeded with the prosecution calling evidence of 7 witnesses. On their part, the appellants gave unsworn sta…