JUDGMENT OF THE COURT
The appellants, E.O.O and Patrick Mogaka Ongubo, were tried by the Senior Principal Magistrate’s Court at Kisii (Mbogo, SPM) on a charge of robbery with violence contrary to section 296 (2) of the Penal Code. The second appellant, Patrick Mogaka Ongubo, , was also charged with a second count of assault causing actual bodily harm contrary to section 251 of the Penal Code. The particulars of the charge were that on the night of 2nd September, 2004 at Nyansiongo/Gesima sub-location in Nyamira District within Nyanza Province, jointly with others not before court, while armed with pangas, robbed Eric Onami Nyaribo Shs.3800/- and at or immediately before or immediately after the time of such robbery used actual violence to the said Erick Onami Nyaribo.
The evidence adduced against the appellants was that on 2nd September, 2004, at about 8.30 p.m. Erick Onami Nyaribo (PW2), (the complainant), his wife Gillian Moraa (PW3) (Moraa), and his cousin Justin Mokua (PW4) (Justin …