JUDGMENT OF THE COURT
Edward Kabui Jackson Kariuki (Kariuki) and Joseph Nganga Kahinda (Nganga) were convicted on January 6, 1971 by the Senior Resident Magistrate of Nakuru of robbery with violence contrary to Section 296(2) Penal code (Cap 63) and sentenced to twenty years’ imprisonment with hard labour and 18 strokes corporal punishment.
They appealed to the High Court in Nakuru (Bennett J) and after hearing them and the State Counsel the learned judge dismissed their appeals on September 8, 1971. On April 18, 1983 (eleven years and seven months later) they gave notice of their intention to appeal to this court. We admitted their appeals even this late, consolidated and heard them this morning.
They were two of five accused charged jointly, with others not before the magistrate with robbing Francis Ngenge Ngugi of Kshs 164,499.10 and at or immediately before or immediately after the time of such robbery used personal violence to him.
The trial and first appeal of two others, James Mwan…