JUDGMENT OF COURT
The three appellants, Douglas Sila Mutuku (Mutuku) Nzomo Kyangi Muinde (Nzomo) and John Mutua Mutuku (John) were charged jointly with two others, Aslam Maingi Mulu (Aslam) and Mutua Ndunda (Ndunda) with six counts of robbery with violence contrary to Section 296 (2) of the Penal Code and one count of malicious damage to property contrary to Section 339 (2) (b) of the Penal Code. John and Mutuku separately faced alternative charges of handling stolen goods contrary to Section 322 (2) of the Penal Code, while Nzomo was also charged alone with the offence of preparation to commit a felony contrary to Section 308 (2) of the Penal Code. There is information on record that both Aslam and Ndunda died at some point before the High Court rendered its decision.
It was the prosecution case at the trial that on 4th April 1999 a gang of 10 robbers struck a party that was travelling to Mombasa after a burial in Nyanza and whose motor vehicle had broken down near Athi River in the mi…