PAUL THUO MBURU & DANIEL NYORO MAKUMI V. REPUBLIC

JUDGMENT OF THE COURT

This is the second and last appeal by Paul Thuo Mburu (Mburu) and Daniel Nyoro Makumi (Makumi) or “the appellants” against their conviction for the offence of robbery with violence contrary to section 296(2) of the Penal Code and for rape contrary to section 140 of the Penal Code. Mburu was the second accused and Makumi was the first accused when they were tried before Nairobi Principal Magistrate, Mrs. Mutoka, on two counts of robbery with violence and one count of rape each. They were convicted on both counts of robbery but the rape charges were reduced to indecent assault for which they were duly convicted. On appeal to the superior court, they were both acquitted on one count of robbery but were convicted on the other. The superior court however reversed the finding on indecent assault and convicted the two appellants on the original charge of rape. They were then sentenced to death on the robbery charge while the sentence on the rape charge was, quite properl…