ZACHARIA KIMEU SAMSON & KENNEDY THUKU PETER V. REPUBLIC

JUDGMENT OF THE COURT

Aggrieved by the rejection of their first appeal by the High Court (F. Ochieng and L. Achode JJ.), the appellants have proffered this second appeal against their conviction and sentence for the offence of robbery with violence contrary to section 296(2) of the Penal Code.

In dismissing the appellants’ first appeal, the High Court confirmed the factual conclusions by the trial court that on 10^th October, 2005 at Biafra Estate, the appellants, who were in a group of 8 others, attacked the two complainants and stole from them personal documents, an engagement ring, money and a mobile phone; that in the course of the robbery, the 2^nd appellant struggled with one of the complainants and in the process was stabbed on the thigh; that that very night, they were called to Shauri Moyo Police station, where, in an identification parade, the appellants were identified.

Both appellants denied involvement in the commission of the offence; and that before the time of their arrest,…