PIUS MUKABE MULEWA & KAZUNGU KENGA V. REPUBLIC

JUDGMENT OF THE COURT

Julius Mukabe Mulewa first appellant who was the 4th accused at the trial, and Kazungu Kenga Kenga , second appellant who was the 6th accused at the trial, were charged with five others in the Chief Magistrate’s Court Mombasa with two counts of robbery with violence contrary to section 296(2 ) of the Penal Code.

In the first court the appellants and co-accused were alleged to have robbed one Mwongo of a motor vehicle valued at Shs.800,000/=. The particulars of the charge alleged that at or immediately after the time of such robbery used personal violence on Michael Kazungu thereby killing him. In the second count, the appellants and the co-accused were alleged to have robbed one Richard Haidn of 7000 Austrian shillings and personal effects including one pair of shoes.

The two appellants were convicted and sentenced to death being the sentence authorised by the law. The appellants’ co-accused were acquitted. Their first appeals to the superior court (Waki J and Comm…