JUDGMENT OF THE COURT
1. PETER OGOLA MAINA and HUMPHREY SANGALE LICHWA (the appellants) were arraigned before the Senior Resident Magistrate at Kakamega for the offence of robbery with violence contrary to Section 296(2) of the Penal Code.
The particulars of that charge alleged that on the 3rd day of March, 2006, at Shikoti Market, Shikoti location of Kakamega District within Western Province jointly with others not before Court and while armed with dangerous weapons, namely, swords, pangas and iron bars, the appellants robbed one Shiundu Asirandai of cash and an assortment of shop goods all valued at Kes. 150,000/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Shiundu Asirambai.
2. The second appellant was, in addition, charged with the offence of being in possession of suspected stolen property contrary to Section 323 of the Penal Code. The particulars of that charge were that on 4th day of March, 2006 at Kifingo Estate, Kak…