STEPHEN MUOKI MUSYOKA, SAMUEL KURIA IRUNGU, DAVID KIBUE MUCHEKE & LAZARUS KANGETHE NJOROGE V. REPUBLIC [

JUDGMENT OF THE COURT

1. The four appellants were convicted by the Chief Magistrate, Nairobi of three offences namely; robbery with violence contrary to section 296(2) of the Penal Code in count 1, impersonating a public officer contrary to section 105(b) of the Penal Code in count 2; unlawful possession of Government stores contrary to section 324(3) of the Penal Code in count 3. Each was sentenced to death for robbery with violence. The trial magistrate did not pass sentence in respect of the 2nd and 3rd counts for the reason that he had already sentenced the appellants to death in the first count. The appellants appealed to the High Court against the respective conviction and sentence. Upon consideration of the appeal, the High Court dismissed the appeal against conviction for robbery with violence and impersonating a public officer and ordered that the sentence for the latter offence be held in abeyance. However, the appeal against conviction in respect of the offence of possession…