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JUDGMENT OF THE COURT
Bosco Lewa Mbabu (Bosco) and Malombo Ndegwa Runguwa (Malombo) , the appellants, were convicted of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death. The charge alleged that on 18th December, 1997 at about 7 p.m. at Shimo La Tewa stage in Mombasa jointly with another not before the court robbed Safari Charo Gona of a Nissan matatu KAJ 344V and cash Shs 3,000/= and used personal violence against him. Their appeals to the superior court against conviction and sentence were dismissed on 18th July, 2000.
Justin Kazungu Kapombe (P.W.2) and Safari Charo (P.W.3) were employed by Edward Charo Manyara (P.W.1) as conductor and driver of the matatu. Their evidence was that at 7 p.m. that evening they picked passengers at Mtwapa. Among these were the two appellants Bosco and Malombo . At a point near Shimo La Tewa Prison, Bosco took out a gun and pointed it at Charo and ordered him to stop. He turned to Malombo whom he said is related to …