JUDGMENT OF THE COURT
The appellants, Kaindi Furaha Kahindi and Kaingu Kambi Mwazongi were charged with the offence of robbery with violence contrary to section 292(2) of the Penal Code. The particulars were that:
“On the 27th day of December, 2008 at Borabora Village, Gongoni Location in Malindi District within the Coast Province, jointly while armed with crude weapons, robbed John Nzombo Shume of one motorcycle make Bajaj Boxer Engine Number DUMBRF 46879 valued at Kshs.85,000/= the property of Samson Thoya Mwakwaya and at or immediately before or immediately after the time of such robbery caused the death of the said John Dzomba Shume.”
In count II one Danstan Kingi Baya was charged with the offence of handling stolen goods contrary to section 322(2) of the Penal Code. The particulars were that:
“On the 29th day of January, 2009 at Gongoni Location in Malindi District within the Coast Province, otherwise than in the course of stealing dishonestly received or retained one motorcycle make…