JUDGMENT OF THE COURT
The three appellants, John Maina Kanyi (1st appellant), Johnson Waithaka Kamau (2nd appellant), Danson Mwangi Kagiri (3rd appellant) and one, Samuel Wanjau Mwangi were arraigned before the Principal Magistrate’s Court at Nakuru where they were jointly charged on five counts of robbery with violence contrary to section 296(2) of the Penal Code.
After a long trial before the learned Principal Magistrate (Mr. H. Bomet), the three appellants were eventually convicted on two counts (the first and second counts). The particulars of the offence in respect of those two counts were as follows:-
ROBBERY WITH VIOLENCE CONTRARY TO SECTION 296(2) OF THE PENAL CODE.
(1) JOHN MAINA KANYI (2) JOHNSON WAITHAKA KAMAU
(3) DANSON MWANGI KAGIRI (4) SAMWEL WANJAU MWANGI
On the nights of 22nd and 23rd August, 1998 at Muguga Farm, Lanet in the Nakuru District of the Rift-Valley Province jointly with others not before court, being armed with dangerous weapons namely Pistols, simis, axe…