JAPHETH GITUMA JOSEPH,DAVID BUNDI MIKWA & ALFANO MWONGERA V. REPUBLIC

JUDGMENT OF THE COURT

[1] The three appellants were convicted by the Principal Magistrate, Meru after re-trial, on two counts of robbery with violence contrary to section 296(2) of the Penal Code and each sentenced to death in each of the two counts.

The judgment of the Principal Magistrate shows that the appellants were first tried on the same two counts of robbery with violence in Criminal Case No. 1564 of 2002 and were convicted and sentenced to death on 14^th October, 2005.

Each of the appellants appealed to the High Court against the conviction and sentence and their appeals were consolidated in Criminal Appeal No. 189 of 2005. The record of trial magistrate further shows that the consolidated appeals were allowed for non compliance by the trial magistrate with section 200 of the Criminal Procedure Code and a re-trial ordered. Each appellant appealed to High Court for the second time and their respective appeals were consolidated in Criminal Appeal No. 279 of 2009.

The appeals were ul…