RAPHAEL MUTUA MUTEVU & MUTUKU KIMONDIU V. REPUBLIC

JUDGMENT OF THE COURT

The appellants were jointly charged, tried and convicted and sentenced to death by the Chief Magistrate’s Court in Machakos on a single consolidated charge of robbery with violence contrary to section 296(2) of the Penal Code.The particulars of that charge were to the effect that on 21st December 2004 at Kiima Junction, Kilome Division of Machakos District of the former Eastern Province, they had, jointly with other persons not before court, and while armed with dangerous weapons namely knives and rungus, robbed one Felix Ndolo Yulu (PW1) of his mobile phone and KShs. 5000 in cash. In the course of that robbery they threatened to use personal violence on their victim.

Dissatisfied with their conviction and sentence, the appellants each preferred a first appeal before the High Court sitting in Machakos. The appeals were consolidated and heard by Hon. Lenaola J sitting with Hon. Warsame J (as he then was). The learned Judges considered the appeal and by a judgment de…