JACKSON EKAL ,JOHN EMOSIL NACHABOLI ,JOSEPH EMOSIL EKIRU & PETERSON LONGALAI V. REPUBLIC

JUDGMENT OF THE COURT

The four appellants were convicted by Principal Magistrate, Nakuru of three counts of robbery contrary to Section 296 (1) of the Penal Code and each sentenced to eight years imprisonment on each count but the sentences were ordered to run concurrently. Their respective appeals to the superior court were dismissed thereby triggering the present appeal. The facts giving rise to the charges were simple and straight forward. The complainant in each of the three counts was Bisharu Osama Godana (PW1) (watchman). He had been employed as a watchman by three shopkeepers, namely, Peter Maiba Munyua (PW2) (Munyua); Peter Kamau (PW3) (Kamau) and John Mburu (PW4) (Mburu) to guard their respective shops at Pwani Trading Centre, Naishi, Nakuru District. On the night of 20^th/21^st December, 2003 a gang of robbers armed with pangas and rungus raided Pwani Trading Centre at about 1.15 a.m. They approached the watchman and told him to go away. They threatened to kill him if he did n…