TARGET LOKONYOKIE V. REPUBLIC

JUDGMENT OF THE COURT

IBRAHIM LEKARTELO, the first appellant and TARGET LOKONYOKIE, the second appellant, were convicted by the Senior Resident Magistrate, Naivasha, on a charge of robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to suffer death as is mandatorily required by law.

The appellants' first appeal to the superior court against conviction and sentence was dismissed by Rimita and Mulwa, JJ. on 4th June, 1999. This is therefore a second appeal.

On the night of 26th and 27th September, 1996, the complainant, Zakaria Kinyua (PW1) who operated a shop at Brizia Farm, Naivasha, was asleep inside the shop. His wife, Anna (PW3), slept in the couple's house nearby. At about 1.00 a.m. the complainant heard some noises emanating from the direction of that house. He woke up and called out to inquire what was wrong. A group of people, whose number he could not estimate, threw stones at the door and ordered him to open the shop for them. The complainant blew h…