JUDGEMENT OF THE COURT
This is a second appeal arising from the judgment of the High Court, A. Mbogholi Msagha and Fred A. Ochieng, JJ. dated 24th October, 2013.
The background to the appeal is that, the appellants were arraigned before the Chief Magistrate’s court at Kibera charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that, on 7th July, 2007 at Uthiru Gichagi in Nairobi, the appellants jointly with two others not before court, while armed with dangerous weapons namely a pistol and a panga, robbed Rachael Ruguru of cash Kshs. 6,000/-, assorted clothes, a blanket, a torch and two wrist watches, all valued at Kshs. 19,500.00 and at or immediately before and after the robbery used actual violence to the said Rachel Ruguru. The appellants denied the offence prompting a trial in which the prosecution tendered evidence through six (6) witnesses in support of the charge, while the appellants who gave unsworn…