JUDGMENT OF THE COURT
MOSES MAFABI and CHARLES ODUOR HANDA were jointly charged (with another) before Mombasa Senior Resident Magistrate with one count of robbery with violence contrary to section 296 (2) of the Penal Code and were sentenced to death upon their conviction. Their appeal to the superior court was dismissed.
They have now appealed to this Court by way of a second appeal. The particulars of the charge were that they jointly with others not before court being armed with a wembley pistol robbed one Mahendra Premeh Khetshik of Ksh.58,181/20 and threatened to use violence against him. This was on 3rd June 1996 at Vipee Stores, Mwembe Tayari, Mombasa.
The facts insofaras they are material may be briefly stated. The complainant had just walked into his office at 7. 30 a.m. with his friend when two men burst therein, one of them armed with a pistol. The robbers, having ordered the complainant and his friend to lie down robbed the complainant of Ksh.58,181.20, entered the getaway …