JESSE MWIGA MUNGAI & ANOTHER V. REPUBLIC

JUDGMENT OF THE COURT

The two appellants JESSE MWIGA MUNGAI (1^ST Appellant) and STEPHEN MWAURA WANYOIKE (2^nd appellant) were convicted by the Senior Principal Magistrate Nakuru, of the offence of robbery with violence contrary to section 296(2) of the Penal Code and each sentenced to death, the penalty provided by the law. The charge sheet stated that the two appellants jointly with others not before the court while armed with dangerous weapons namely pangas and rungus robbed Godfrey Kinyanjui Maina of Shs.460 on 3^rd February, 2001 and wounded him at or immediately before or immediately after the tiem of such robbery.

The prosecution called four witnesses at the trial who testified briefly as follows.

On 30^th January, 2001, at about 9.00 a.m. Godfrey Kinyanjui Maina (complainant) was walking home from Njoro Shopping Centre when he was attacked by about five people. He was knocked down, cut on the head and his pockets were ransacked and Shs.460 stolen. He called out the name of the watchm…