PIUS MUKABE MULEWA & KAZUNGU KENGA V. REPUBLIC

RULING OF THE COURT

: Pius Mukabe Mulewa, the 1st appellant, and Kazungu Kenga,the 2nd appellant, have appealed to this Court from the judgment of the superior court (Waki J. and Mrs. Khaminwa,Commissioner of Assize) dated 3rd April, 2000. By thatjudgment the superior court dismissed their appeals to that court and confirmed the conviction and sentence of death which had been recorded against each appellant by the then Chief Magistrate of Mombasa, Mr. J. K. Kanyi. The magistrate had tried and convicted the two appellants on a charge of robbery with violence contrary to section 296(2) of the Penal Code, or so we understand. The appellants' appeals to the Court first came up for hearing on 23rd July, 2001. On that day, the Court made the following order:

This appeal is taken out and adjourned to next sessions in January, 2002. In the meantime, the Attorney General is hereby ordered to trace the original court file reported to be missing so that it is made available to this Court in Januar…