PETER KALUNDA MASILA & STEPHEN ASANGA KAZUNGU V. REPUBLIC

JUDGMENT OF THE COURT

Peter Kahinda Masila and Stephen Asanga Kazungu, hereinafter referred to as the first and the second appellants respectively, were after trial, convicted of robbery with violence contrary to section 296(2) of the Penal Code Cap 63 Laws of Kenya and were both sentenced to death. Their first appeal to the High Court of Kenya at Mombasa was on 5th November, 1999, dismissed by Waki, J. and Hon. Tutui, Commissioner of Assize. Hence this second appeal.

The case for the prosecution was premised on the following facts which appear to be not largely in dispute. One Christopher Kasiwe (PW1) operated a shop at Magongo in the suburbs of Mombasa. At about 9 p.m. on the night of 13th May, 1997, PW1 and his workers were preparing to close the shop for the evening when four people, who appeared at first, to be genuine customers, walked in. No sooner had they appeared than they produced pangas and a pistol and ordered customers to lie down on the threat of being shot and cut. Three…