MARTIN ODUOR LANGO,TONNY WANDERA JUMA & HARRISON KARIUKI MWANGI V. REPUBLIC

JUDGMENT OF THE COURT

1. The three appellants, Martin Oduor Lango (Oduor); Tonny Wandera Juma (Wandera) and Harrison Kariuki Mwangi (Kariuki) were among five accused persons before Kibera Chief Magistrate’s Court where they faced one main charge of robbery with violence and other alternative counts of handling stolen property and being in possession of a firearm without a firearm certificate. Two of the co-accused were acquitted after the trial while the three appellants were convicted for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code and were sentenced to death. They appealed against their conviction to the High Court sitting in Nairobi, (Ochieng and Achode, JJ.), but their appeals were dismissed, hence this second and probably final appeal.

2. Oduor and Wandera were represented before us by learned counsel Mrs. Betty Rashid. They had drawn and filed “Grounds of appeal” on their own before Mrs. Rashid was appointed by the court to represent them, an…