JOHN MAINA KARIUKI, ANTONY MWANGI KARIUKI & DANIEL CHEGE MUNGAI V. REPUBLIC

JUDGMENT OF THE COURT

1. The three appellants were charged with two counts of committing robbery with violence contrary to Section 296 (2) of the Penal Code. They were tried, convicted and sentenced to death by the learned chief magistrate on 18^th November, 2005. The evidence that led to their conviction and sentence was that on or about 30^th January 2005, at about 3.00 a.m. Kinuthia Kiarie (PW1) and his wife Leah (PW2) were attacked by thieves. From their description of the attackers in their evidence, the attackers were two in number and they struck when Kinuthia had gone out to relieve himself. As he returned to the house, he found one assailant brandishing a panga. That assailant ordered Kinuthia and his wife to produce money and mobile phones. Kinuthia was cut with a panga on his hand. Meanwhile the other assailant was busy removing maize and they stole several other household items that were listed in the charge sheet. Kinuthia and his wife managed to raise an alarm, but they wer…