<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>The appellants, <em>PETER MUSYOKA WAMBUA</em> (the 1^st appellant) and <em>STEPHEN KYALO MUTISO</em> (the 2^nd appellant) and four other persons were charged with the offence of robbery with violence contrary to <em>section 296(2) of the Penal Code</em> 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 <em>(Ojwang and Sitati, JJ)</em> dismissed the appellants’ appeal and upheld the conviction by the trial court.</p><p>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 …</p>