JUDGMENT OF THE COURT
These are second appeals. There are three appellants. Samuel Mwaura Muiruri (1st appellant) was the 6th accused at his trial. Lawrence Mwangi Mugo (2nd appellant) and Stephen Nyamu Kioi (3rd appellant) were, together with three others whose appeals are not before us, his co-accused. They were 4th and 2nd accused respectively. The appellants were charged jointly with the offence of robbery with violence contrary to section 296(2) of the Penal Code a second count each of rape contrary to section 140 of the Penal Code, with an alternative count of indecent assault on a female contrary to section 144 of the Penal Code. The appellants were charged before the Principal Magistrate’s Court at Murang’a, and upon trial each of them was convicted of the lesser charge of robbery contrary to section 296 (1) of the Penal Code pursuant to section 179 (2) of the Criminal Procedure Code (CPC), in the first count, and of the main charge of rape, and were thereafter sentenced to imp…