SAMUEL MWANGI & ANOTHER V. REPUBLIC

JUDGMENT OF THE COURT

The two appellants SAMUEL MWANGI, the 1^st appellant and JOHN NDUNGU, the 2^nd appellant, were each convicted on one count of robbery with violence contrary to section 296(2) of the Penal Code and on one count of being in possession of Narcotic Drugs contrary to section 3(1) of the Narcotic Drugs and Psychotropic Substances Control Act Number 4 of 1994. Each appellant was sentenced to suffer death in the robbery charge and ordered to pay a fine of Shs. 9,500/- on the drugs offences. Their first appeals to the High Court of Kenya at Mombasa were dismissed on 27^th October 2008 by Sergon and Njagi JJ and hence this second and final appeal. The facts which the trial court and the first appellate court found proved may briefly be stated as follows: On 27^th September 2004 at about 9.00 a.m. Musa Haji (PW1) a salesman with Taita/Taveta Distributors went to sell assorted cigarettes in Voi, Karioko, Tanzania, Kasarani and Mlegwa trading centres of Taita Taveta District.

He w…