STEPHEN MBONDOLA,FANUEL JUMA & ALI OUMA V. REPUBLIC

JUDGMENT OF THE COURT

:The three appellants, Stephen Mbondola, Fanuel Juma and Ali Ouma, who we shall hereafter refer to as the 1st, 2nd and 3rd appellant respectively, were jointly charged, and tried with two others who were acquitted, one at the trial and the other on first appeal, and were convicted of one count of robbery with violence contrary to section 296(2) of the Penal Code and a second count of grievous harm contrary to section 234 of the Penal Code. They were each thereafter sentenced to the mandatory death sentence on the first count, and 5 years imprisonment with six strokes of the cane on the second count, with a direction that the sentences run concurrently. We wish to observe at the outset that in a case like the one before us in which one count carries a mandatory site ntiesn cqeu ite inappropriate and clearly impracticable for such a sentence to be ordered to run concurrently with an imprisonment term or any other sentence. The proper direction, in our view, should h…