JUDGMENT OF THE COURT
Background
[1] The appellants, Peter Maingi Kioko and Benedict Mutuku Ngumbi proferred this second appeal challenging conviction and sentence for the offence of robbery with violence contrary to Section 296(2) of the Penal Code. Their first appeal was dismissed by the High Court (P.Nyamweya and L. Njuguna, JJ).
[2] The facts of the case as presented before the trial court were that on 3rd September 2013 at Vyulya Market, Vyulya Location, Mwala District within Machakos County, the appellants jointly robbed Mutuku Kitonyi of Kshs. 1,408/- cash, a Nokia mobile phone C1230 and 200 gms of tea leaves all valued at Kshs. 3,558/, and immediately before or after the time of such robbery wounded the said Mutuku Kitonyi.
[3] In a nutshell, the evidence leading to the appellants’ conviction was that on or about 8.30pm on 3rd September 2013, the complainant, Mutuku Kitonyi was walking home. When he passed by Ekaimoke bar, he saw the appellants at the veranda of the bar. The 2nd a…