Judgment of the Court
The four appellants Stephen M’Riungi (1st appellant), Geoffrey Mbaabu (2nd appellant), Wilson Kiambi (3rd appellant) and Robert Mugambi (4th appellant) were jointly convicted of robbery with violence contrary to Section 296(2) of the Penal Code and were each sentenced to death. Their first appeals against conviction and sentence were dismissed by the High Court. They have now appealed to this court.
The first two courts found that in the morning of May 3, 1981, robbers broke into and stole from Ester Nyoroka’s shop at Mbuinjeri Market in Meru District. The list of the goods stolen from the shop that morning includes among others Omo soap in packets, Imperial soap and the head of a Singer Sewing Machine. We specifically mention these items because they were spoken of in the evidence before the trial court. A torch was also spoken of but it does not appear to have been included in the charge.
A relative of Ester (PW 1) called Joseph Gitonga (PW 2) used to sleep in the…