JAMES MAINA MAGARE & JOHN KIBANYA MAINA V. REPUBLIC

JUDGMENT OF THE COURT

1. On the 22^nd February, 2006 James Maina Magare and John Kibanya Maina hereinafter referred to as 1^st and 2^nd appellant respectively, were each convicted by the Senior Resident Magistrate Taveta of three offences. The first count, in respect of which the two appellants were charged jointly, was attempted robbery with violence contrary to section 297(2) of the Penal Code. Each of the appellants was sentenced to the mandatory death penalty. Each of the appellants were also convicted of two separate counts of being in possession of firearm without a firearm certificate contrary to section 4(1) as read with section 4(3) of the Firearms Act, Cap 114 Laws of Kenya, and being in possession of ammunition without a firearm certificate, contrary to section 4(1) as read with section 4(3) of the Firearms Act, Cap 114, Laws of Kenya. Each of the appellants was sentenced to serve 10 years imprisonment on each of the two separate counts. In view of the death sentence imposed on…