JUDGMENT OF THE COURT
Cyrus or Silas Muriithi Kamau (the 1st appellant) and Moses Kibaara Maruta (the 2nd appellant) come before us by way of a second appeal, their first appeal to the superior court having been dismissed on 14th February, 2006 by Lenaola and Sitati, JJ. The two were among a total of seventeen persons who were tried before the court of the Chief Magistrate at Meru on two counts of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of count one were that on 27th May, 2001 at Irimba village, Nkondi Location, Tharaka District within Eastern Province the appellants, with the other fifteen named persons and jointly with others not before the court and while armed with dangerous or offensive weapons, namely pangas, axes and rungus, robbed Mwangangi Ndii of cash K.shs.2000/-, plough, a spraying pump, Philips radio, two lamps, one sufuria, one she goat, a bow and 30 arrows, phoenix bicycle F/No. UM 382546, a sword and two sacks of millet, all …