DAVID MUNYWOKI KATUTU & KIMANZI KITUO V. REPUBLIC

JUDGMENT OF THE COURT

The appellants, David Munywoki Kitutu and Kimanzi Kituo, were convicted by the Principal Magistrate’s Court at Kitui (N. Ithiga) for the offence of robbery with violence contrary to section 296(2) of the Penal code. It was alleged that on 8^th September 1999 at Mathyakani Sub-Location, Kanzanzu Location, Mwingi District of Eastern Province jointly robbed Agnes Mwanzi of a porch, cash Kshs.20,200/=, a lesso, bank plates for Kenya Commercial Bank Mwingi and a bunch of keys all valued at Kshs.20,850/= and at or immediately before or immediately after the time of such robbery used personal violence and wounded the said Agnes Mwanthi.

Upon such conviction, the mandatory death sentence was meted out to them.

They both appealed to the superior court which dismissed their appeals, as a result of which they appealed to this Court.

After they lodged their appeals to this Court and were in prison awaiting the outcome, one of them, Kimanzi Kituo, (the deceased), passed on. Conseq…