JAMES KABACHIA WAMBUGU & JOSEPH MURIUKI NJOGU V. REPUBLIC

JUDGMENT OF THE COURT

These two men, James Kabachia Wambugu, the 1st appellant, and Joseph Muriuki Njogu, the 2nd appellant, were tried jointly with two others on four counts of robbery with violence contrary to section 296(2) of the Penal Code. There were also four alternative counts of handling stolen property contrary to section 322(2) of the Penal Code but at the end of the trial the trial magistrate found the appellants and their two confederates guilty on all the robbery charges and, correctly, made no findings on the alternative charges. Upon their conviction, the trial magistrate imposed on them the mandatory death sentence provided under section 296(2) of the Penal Code. They all appealed to the High Court and that court allowed the appeals of the appellants' co-accused on all the four counts. The High Court confirmed the conviction of the 1st appellant on count four while the 2nd appellant had his conviction on counts one and four confirmed. They now appeal to this Court a se…