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The convictions of Samuel Gachau (the first appellant) and John Githuku (the second appellant) were also based on the statements they made to the police under caution in which they confessed their involvement in the robbery. These statements were retracted or repudiated but after holding trials within a trial the trial magistrate held that they had been made voluntarily and they were admitted in evidence. In relation to these statements the magistrate had this to say in her judgmentwww.
“The third accused gave a detailed statement under inquiry which was admitted in court on how they had come all the way from Nairobi under directions of the first accused to come and rob Gaitho (deceased) money. The 3rd accused mentioned the other accused in the statement. Similarly 5th accused in charge and cautionary statement confessed that they had come to rob Gaitho. He named 1st and 3rd accused those who were involved. These statements were admitted in evidence after trials within a trial were hel…