HENRY KIARIE NYAMBURA & SYLVESTRE MURUA IGUKU V. REPUBLIC

JUDGMENT OF THE COURT

1. Henry Kiarie Nyambura and Sylvestre Murua Iguku, herein referred to as the 1st and 2nd appellants respectively, were jointly tried and convicted in the Chief Magistrate’s Court at Kibera on two counts of robbery with violence contrary to section 296(2) of the Penal Code. They were each sentenced to suffer death. The appellants being aggrieved by their conviction and sentence, appealed to the High Court. Their appeal which was heard by Mbogholi Msagha and Achode JJ, was dismissed.

2. They are now before us in this second appeal. Each of the appellants filed grounds of appeal in person. In addition, their advocates filed supplementary grounds of appeal. The grounds include, inter alia, that the appellants constitutional rights were violated; that the learned judges of the first appellate court failed to re-consider and re-evaluate the evidence as required by law; that the judges of the first appellate court failed to follow precedents of previous decisions; that t…