PETER GITONGA GERALD & ANOTHER V. REPUBLIC

JUDGMENT OF THE COURT

1. In this second appeal, two appellants, Peter Gitonga Gerald (1^st appellant) and Peter Githinji Mwangi (2^nd appellant), were charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code. The particulars of the charge stated that on the 15th day of August, 2005 at Majengo Estate in Laikipia District within Rift Valley Province, jointly with others not before Court, being armed with offensive weapons namely knives, robbed John Kahiga Kiraru of cash 2,000/=, one Jacket and one identity card all valued at Kshs.2,800/= and at or immediately before or immediately after the time of such robbery used violence on the said John Kahiga Kiraru.

2. The appellants were tried before the Senior Resident Magistrate, Nanyuki and at the conclusion of their trial, both were found guilty as charged, convicted and each of them sentenced to death. Being dissatisfied with their respective conviction and sentences, both appellants appealed to the High Co…