<p>REPUBLIC OF KENYA</p><p> AT NAIROBI (CORAM: CHESONI C.J, KWACH and SHAH,JJ.A.) CRIMINAL APPEAL NO. 89 OF 1996 BETWEEN</p><p class="ql-align-center">SAMUEL WAWERU GACHAU alias KIHARA.......... 1ST APPELLANT</p><p class="ql-align-center">JOHN MWANGI GITHUKU ....................... 2ND APPELLANT</p><p class="ql-align-center">ANTHONY NDEGWA NJERU ...................... 3RD APPELLANT</p><p class="ql-align-center">AND</p><p class="ql-align-center">THE REPUBLIC.................................. RESPONDENT</p><p>(Appeal from a Judgment of the High Court of Kenya at Nairobi (Mr. Justices Patel and Oguk) dated 25th September, 1996 in H.C.CR.A. NOS. 1342 - 1344 OF 1994) **********************</p><p class="ql-align-justify">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…</p>