DAVID MWITA WANJA, PETER MUNGAI MUGURE & JOSEPH KAMAU WAIRIMU V. REPUBLIC

JUDGMENT OF THE COURT

This is the second and last appeal against the conviction of the three appellants for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. It had been alleged, in a charge sheet laid before Kibera Senior Resident Magistrate, that the three appellants, jointly with others not before court, on the 10^th August, 2000 at Kibiko forest, Ngong, while armed with dangerous weapons, namely pangas and knives, robbed Peter Lolo Siamanda of ten head of cattle valued at Shs.150,000 and that they wounded the said Peter Lolo Siamanda in the course of the robbery. There was an alternative charge of handling stolen goods contrary to section 322 (2) of the Penal Code, but a finding thereon was left in abeyance after conviction of the appellants on the main count. Upon their conviction, the mandatory death sentence was imposed on them. Their first appeal to the superior court was dismissed on 21^st September, 2004, hence the appeal now before us.

The fact…