MORRIS OCHIENG JUMA, BENSON SALIM HASSAN, JACOB MAUNDA LUSENO & SAMUEL MUYA BENSON V. REPUBLIC

JUDGMENT OF THE COURT

Following the dismissal of their respective first appeals, Morris Ochieng Juma (1^st appellant), Benson Salim Hassan (2^nd appellant) Jacob Maunda Luseno (3^rd appellant) and Samwuel Muya (4^th appellant) have come to this Court on their second and possibly last appeals, challenging their respective convictions for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. Each of the 1^st, 2^nd and 3^rd appellants faced an alternative count of handling stolen property contrary to section 322 (2) of the Penal Code, but no finding was made on that alternative count. So the appeals herein are confined to the robbery count, particulars, as material, which are that:-

“On the 13^th day of July 2003, at Sublet Farm Elburgon in Nakuru District of the Rift Valley Province jointly with others not before the court while armed with dangerous weapons, namely, pangas, swords and rungus robbed Ann Bor of one radio, two batteries, one car radio - national star, t…