JUDGMENT OF THE COURT
This is a second appeal from the judgment of the High Court wherein the appellants’ conviction and sentences were upheld. The appellants were jointly charged with one count of robbery with violence contrary to Section 296(2) of the Penal Code and one count of causing grievous harm contrary to Section 234 of the Penal Code in the Chief Magistrate’s Court at Nyeri.
The particulars of the offence of robbery with violence were that on the night of 23rd January, 2008 at Thegu in Nyeri North District within the then Central Province, the appellants jointly while armed with a dangerous weapon namely an axe robbed Isaac Ngatia Kinyua of a mobile phone make Sendo S/No. 3510002545243 valued at Kshs. 4,000/= and at or immediately before or immediately after the time of such robbery killed Isaac Ngatia Kinyua. On the second count, the particulars were that on the aforementioned date and place, the appellants jointly and unlawfully did grievous harm to Mary Muthoni.