RONALD MWACHIA EZEKIEL V. REPUBLIC

JUDGMENT OF THE COURT

The appellant Ronald Ezekiel Mwachia was jointly charged with two others, namely, Patrick Otieno (1^st accused) and Jackson Mpenda (3^rd accused) with robbery with violence contrary to section 296 (2) of the Penal code in the Principal Magistrate’s court at Kibera.

The appellant was the 2^nd accused at the trial. The subordinate court after trial, convicted the appellant and the 1^st accused and sentenced each to death but acquitted the 3^rd accused. The appellant and the 1^st accused appealed to the superior court against conviction and sentence. The superior court dismissed the appellant’s appeal but allowed the appeal by the 1^st accused.

The particulars of the charge of robbery stated in effect, among other things, that on 1^st May, 1996 at Marula Lane, Karen, the three accused jointly with others not before the court robbed Peter Njuguna of various specified goods valued at Shs.850,000/=.

The appellant was employed as security guards by Morit Builders and Mechanical Eng…