DAVID KOOME MUGIRA & MARTIN KOOME MBAE V. REPUBLIC

JUDGMENT OF THE COURT

The appellants herein DAVID KOOME MUGIRA and MARTIN KOOME were charged, tried and convicted on a charge of robbery with violence contrary to Section 296(2) of the Penal Code. For this, they were sentenced to suffer death as provided by law. They were acquitted on a similar charge of robbery with violence which had constituted count 1. Their co-accused, four in number, were acquitted on

both counts and set at liberty by the learned Senior Principal Magistrate at Nkubu before whom the case was tried.

The particulars of the capital robbery charge on which the appellants were convicted were that ;

“On the 9^th of April, 2006, at Tanta Sub-Location in Meru Central District within the Eastern Province, jointly with others not before court, while armed with dangerous weapons namely pangas, rungus and iron bars (they) robbed FRED KAIMENYI of one pair of shoes, one trouser, one coat and cash Ksh.2,500/= all valued at Ksh. 10,500/= and at or immediately before or immediately af…