PETER MUSYOKA WAMBUA,STEPHEN KYALO MUTISO V. REPUBLIC

JUDGMENT OF THE COURT

The appellants, PETER MUSYOKA WAMBUA (the 1^st appellant) and STEPHEN KYALO MUTISO (the 2^nd appellant) and four other persons were charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code and arraigned before the Principal Magistrate’s court at Machakos. Prior to the conclusion of the trial the 3^rd and 4^th accused died. The appellants, alongside the 1^st and 6^th accused were convicted and sentenced to death following which they appealed to the High Court. Prior to the conclusion of the appeal in the High Court the 1^st and 6^th accused died. In a judgment delivered on 18^th May, 2007, the High Court (Ojwang and Sitati, JJ) dismissed the appellants’ appeal and upheld the conviction by the trial court.

The particulars of the charge on which the appellants were convicted are that on 7^th January, 2000, at about 3.00p.m at Masewani village in Matuu location of Machakos District within Eastern Province, jointly with others not before the …