JUDGMENT OF THE COURT
Stephen Kiberenge alia Zakayo Muriithi, the 1st appellant and David Muguna, the 2nd appellant were jointly charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code, Chapter 63 of the Laws of Kenya in the Senior Resident Magistrate's Court at Nanyuki. The particulars of the offence were that on 28th September, 2004 at Karuri Village, Ngusishi Location, in Meru Central District of the then Eastern Province, the appellants jointly with others not before the court while armed with dangerous weapons namely pangas, rungus and a spear robbed Samuel Gitonga Musa of cash, Kshs. 16,400/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Samuel Gitonga Musa.
The prosecution called a total of three witnesses in support of its case against the appellants. It was the prosecution's case that on 28th September, 2004 at around 11:00 p.m just as PW1, Samuel Gitonga Musa (Samuel) had just …