DENIS MWAMBELA MWAWASI & ANOTHER V. REPUBLIC

JUDGMENT OF THE COURT

[1] This is a second appeal lodged by the two appellants Denis Mwambela Mwawasi and Micah Mwangwale Mwata (hereinafter referred to as 1^st appellant and 2^nd appellant respectively). The two appellants were tried and convicted by the Senior Resident Magistrate’s Court at Voi on two counts of the offence of robbery with violence contrary to section 296(2) of the Penal Code, in addition, the 2^nd appellant was also charged with two counts of being in possession of a firearm without a firearm certificate contrary to section 4(1) as read with section 4(3) of the Firearm Act Cap 114 Laws of Kenya. The particulars in regard to count I, alleged that the two appellants jointly while armed with a pistol robbed Michael Mukua (Mukua) who is the complainant in count 1 and threatened to shoot him. In count 2, the two appellants were similarly alleged to have robbed James Githae (Githae) who is the complainant in count 2 and threatened to shoot him. In count 3 and 4, the 2^nd appel…