JUDGMENT OF THE COURT
The appellants, Stephen Kibutha M’Mwongo and Silas Marete, were tried by the Senior Resident Magistrate at Meru (Mrs. M. S. G. Khadambi) on a charge of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the charge were that on the 19th day of December, 2004 at Thinyaine location in Meru-North District within Eastern province, jointly with others not before court, while armed with offensive or dangerous weapons namely pangas and rungus they robbed ALUBINO NDIMBO one radio cassette, one blanket, one wrist watch, one mobile charger and one spot light all valued at Kshs.2,650/= and at or immediately before or immediately after the time of such robbery wounded the said ALUBINO NDIMBO. They were also charged with the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code.
The evidence adduced against the appellants was that on the 19th December, 2004 at about 9.00 pm Alubino Ndimbo (PW 1) (the complain…