IBRAHIM KIGAME AGEVI & JACKSON MAFWABI MAKOYE V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal. The two appellants before us, Ibrahim Kigame Ageviand Jackson Mafwabi Makoye, were, together with two others, charged in the Chief Magistrate’s Court at Bungoma with two counts of robbery with violence contrary to section 296 (2) of the Penal Code. Jackson Mafwabi Makoye was further charged with another offence of handling suspected stolen property contrary to section 322 (2) of the Penal Code. In that court, Jackson Mafwabi Makoye was the first accused whereas Ibrahim Kigame Agevi was the third accused. The record shows that the fourth accused Onesmus Mbugi alias Njiru absconded before the trial proper started, leaving the two together with one Pius Ngutuku Khaemba, who was the second accused to face the full trial. The particulars of the first count were that: “On the 25^th day of November, 1999 at Bungoma Township in Bungoma District within Western Province, jointly with others not before court, while armed with a dangerous weapon namely…