PETER MUTHUI, JOHNSON MUTHUSI MUTINDA & JAMES MUSEE MWOVE V. REPUBLIC

JUDGMENT OF THE COURT

The appellants Peter Muthui, Johnson Muthusi Mutinda and James Musee Mwove were charged before the Resident Magistrate’s court, Mwingi with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. It was stated in the charge sheet that on the 9th of March 2009 at Makutano village in the then Mwingi District being armed with dangerous offensive weapons namely knives they robbed Theophilus Mutinda Sua of cash Shs.325,700 and a Motorolla mobile phone and that at or immediately before or immediately after the robbery they wounded the said person. They were tried and convicted in a judgment delivered on 12th July, 2012 and they were sentenced to death.

They filed appeals to the High Court of Kenya at Garissa which were consolidated and after hearing the consolidated appeal it was dismissed in a judgment delivered on 22nd November, 2013 (S.N. Mutuku and W. Korir, JJ.).

Those findings provoked this appeal which is premised on supplementary ground…