<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">We have two appellants before us. They are Molu Denge Moru the 1st appellant, and Abdub Debano Boye, the 2nd appellant. The two were among a total of seven people who were tried before a Senior Resident Magistrate at Marsabit, on various charges, six of those charges being robbery with violence contrary to <em>section 296 (2) </em>of the Penal Code, two of being in possession of a fire-arm and ammunition contrary to <em>section 4(2)</em> of the Firearms Act Chapter 114 of the Laws of Kenya, two of unlawfully being present in Kenya contrary to <em>section 15(1)(i)</em> as read with <em>section 15(2) </em>of the Immigration <em>Act Cap 172 </em>Laws of Kenya and one of handling stolen property contrary to section 322(2) of the Penal Code. The first six counts of robbery with violence were brought against all the seven accused persons and the 1st appellant was Accused 1 while the 2nd appellant was Accused 3. The charges of robbery with violence under section 296 (2) of the Penal Code stated in their particulars…</p>