<p class="ql-align-justify">JUDGEMENT</p><p class="ql-align-justify">The appellant James Ndungu Ndenderu and Robinson Mwangi Kamau were convicted on May 16, 1984, of robbery contrary to section 296(1) of the Penal Code. They were each sentenced to 3 ý years imprisonment together with, sum strokes of corporal punishment, and the mandatory 5 years of police supervision. Their first appeals to the High Court were summarily rejected.</p><p class="ql-align-justify">The salient facts of the case were that on April 2, 1984, two persons robbed the complainant Waiguru Muritu on his way home from a market. They knocked him down and stole his gum boots and Kshs 40 cash. That same evening these appellant went to the witness Mr Samuel. He eventually bought the boots, but overnight he felt uneasy about his purchase, and reported the matter to AP Francis Ndungu early the next morning. The police had not yet received the complaint from Mr Waiguru Muritu. When the latter did complain, Mr Samuel was called again to produce the boots. He did so, the complainant recognized them. The appellants …</p>