JACKSON GITHUI WANJERI & JAMES MAINA WANJIRA V. REPUBLIC

JUDGMENT OF THE COURT

The Appellant in Criminal Appeal No. 231 of 2007 Jackson Githui Wanjeri, the 1^st appellant and appellant in Criminal Appeal No. 99 of 2015 James Maina Wanjira, the 2^nd Appellant, were arraigned before the Senior Resident Magistrates Court at Karatina jointly with others for the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars were that on the 22^nd day of March, 2003 at Karogoto village in Nyeri District of the Central Province, jointly with others not before court and while armed with dangerous weapons namely, axes, pangas and rungus. They robbed Faith Wanjiku Maina of cash Kshs.18,000/=, a wrist watch make Swiss Time valued at Kshs.400/= and a Motorola mobile phone valued at Kshs.6,500/=, all valued at Kshs.24,900/= and at or immediately before or immediately after the time of such robbery used actual violence on Faith Wanjiku Maina.

The Appellants denied the offence prompting a trial in which the prosecution tendered …