<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The two appellants herein, namely <em>MICHAEL TSUMA, </em>the first appellant and <em>MWAWAZA BENYOKA MWATHENJE, </em>the second appellant, were tried and convicted by a Senior Resident Magistrate at Kilifi on a charge of robbery with violence contrary to <em>Section 296 (2) of the Penal Code</em>. The particulars of that charge were that on the night of 15^th December, 2005, at Simakeni Village, Rabai Location in Kilifi District of the Coast Province, the two appellants together with others while armed with dangerous or offensive weapons, to wit a panga and an axe, jointly robbed <em>Peter Sila Muindi</em> of cash KShs.29,000/-, one mobile phone make Siemens C50 valued at KShs.4,000/-, one charger, one radio, assorted clothes and utensils and that at or immediately before or immediately after the time of such robbery, used actual violence to the said Peter Sila Muindi.</p><p class="ql-align-justify">During the night of 14^th/15^th December, 2005, Peter Sila Muindi (PW 1) was asleep in his house; he was in the same house with his dau…</p>