JUDGMENT OF THE COURT
The two appellants were convicted by the Senior Resident Magistrate Nkubu (Meru) of two counts, namely, robbery with violence contrary to section 296 (2) of the Penal Code for which they were sentenced to death and, assault causing actual bodily harm contrary to section 251 of the Penal Code for which they were sentenced to 5 years imprisonment plus 2 strokes of the cane. They appealed to the High Court at Meru against conviction and sentence. Their appeals were heard by a bench of two Judges, Juma, J the Resident Judge High Court at Nyeri and Tuiyot, J, Resident Judge, Meru. The record shows that the superior court delivered a “judgment” on 13th September, 2001 wherein the appeal against conviction and sentence for Robbery with Violence was dismissed whilst the appeal against conviction and sentence for assault causing actual bodily harm, was allowed.
The appellants filed the present appeal in person. Thereafter the court appointed Mr. J. Macharia Advocate to act …