JUDGMENT OF THE COURT
This is the second appeal by Robert Wangoro and David Wafula Manga, (appellants) their appeal to the High Court having been dismissed on 8th April, 2004. The appeal before the High Court, emanated from the decision of Hon. Abdul Lorot, Senior Resident Magistrate, Githunguri, in Criminal Case No. 113 of 2008. Before that court the appellants who are Ugandan nationals, were charged jointly with one charge of robbery with violence contrary to Section 296(2) of the Penal Code, and attempted robbery with violence Contrary to Section 297(2) of the Penal Code. They also individually faced one count each of being unlawfully present in Kenya contrary to Section 13(2) of the Immigration Act Cap 172 Laws of Kenya.
They both pleaded not guilty on all counts and the matter proceeded to full hearing. After hearing a total of six witnesses from the prosecution and the unsworn statements of defence proffered by the appellants, the learned magistrate found the charges proved beyond…