The Appellants, were charged with armed robbery contrary to
sections 285 and 286 of the Penal Code [Cap 16 R.E. 2002] at the District Court
of Rombo at Mkuu. Following a trial, they were each convicted and sentenced to
a term of thirty years’ imprisonment. Aggrieved, they first appealed to the High
Court which dismissed their appeal. Undissuaded, they have now preferred this
second appeal. On this appeal, the court on its own motion considered whether
it was proper for the trial court to enter conviction based on a provision
other than on the charge sheet.