JUDGMENT OF THE COURT
On 23rd November, 2001 the two appellants herein were arraigned before the Chief Magistrate’s Court at Kibera in Criminal Case No. 7308 of 2001 on a charge of robbery with violence contrary to section 296(2) of the Penal Code. Each appellant pleaded “Not Guilty” to the charge. The particulars of the charge were as follows:-
“1. PAUL GICHUKI GIKUNG’A, 2. KARANJA WAMBURA: On the 19th day of November, 2001 at Dagoretti Market within the Nairobi Area Province jointly with others not before court while armed with dangerous weapons namely pangas and simis robbed FRED OWINO of assorted hardware goods valued at Kshs.296,290/= and at or immediately before or immediately after the time of such robbery threatened to use actual violence to the said FRED OWINO.”
The appellants’ trial commenced before the learned Senior Resident Magistrate (Ms. Siganga) at Kibera on 31st December, 2001 who delivered her judgment on 3rd May, 2002 in which she convicted both appellants and sentence…