STEPHEN TWANZE & SAMUEL NZIOKA V. REPUBLIC

JUDGMENT OF THE COURT

Stephen Twanze (the first appellant) and Samuel Nzioka (the second appellant) were convicted of robbery with violence contrary to section 296 (2) of the Penal Code. It was alleged that on 11^th September, 1994 at or about 3 a.m. at Nyali Estate in Mombasa the appellants and four others persons robbed Cyril Ondatto of one televisions set, an amplifier, a stereo receiver, a radio cassette, a Sanyo speaker, a brief case, one carpet, one golden ring, one lantern lamp stand and Shs. 66,000/- in cash, and in the course of such robbery wounded the said Cyril Ondatto. They also faced the alternative charge of handling stolen goods.

The Magistrate convicted these appellants and a third accused one December Mwawasi Ochieng’ on the robbery charge and sentenced them to death. All three appealed to the superior court against both conviction and sentence. The appeal was heard by Ang’awa and Waki JJ who allowed Mwawasi’s appeal. And they have now brought this second appeal.

We shal…