JUDGMENT OF THE COURT
BACKGROUND
1. The appellants, Sammy Muthangya Katuta (the 1st appellant) and Kitonga Wambua Mwalili (the 2nd appellant) were charged together with their co-accused, Kiema Wambua, with the offence of robbery with violence contrary to Section 296(2) of the Penal Code. The brief particulars of the offence were that on 17th May, 2010, while armed with an assortment of dangerous weapons, they robbed Stephen Nzioki Nzolo and at the time of such robbery, used actual violence on him.
2. In brief, the facts culminating in this appeal are that on 17th May, 2010 Stephen Nzioki Nzolo (PW1), was on duty at the Majengo Karolina Bar where he worked as a watchman. It was his evidence that at about 2.00am he heard a bang and proceeded to investigate the cause whereupon he was accosted by a gang of people, wearing paper bags on their heads armed with pangas, rungus and bows and arrows. The assailants attacked him, injured his right shoulder and stole his mobile phone, a Nokia 6020, c…