JUDGMENT OF THE COURT
In this second appeal, Reimond Munene Kamau and James Mbugua Ndung’u, the 1st and 2nd appellants, were charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars were that on 5th February 2008 at Naivasha market place in Naivasha district in the former Rift Valley Province, jointly with others not before the court, robbed A W N of Kshs. 7,500 and that immediately before or after the said robbery, threatened to use actual violence on A W N, the complainant (PW1).
The appellants also faced a further charge of attempted rape contrary to section 4 of the Sexual Offences Act No. 3 of 2006 and an alternative charge for the offence of committing an indecent act contrary to section 11 (6) of the same Act.
The trial magistrate having found that the offence of robbery with violence was proved, convicted and sentenced the appellant to death as prescribed by law, but acquitted them of the charges of rape and indecent act. Th…