JUDGMENT OF THE COURT
The 1st appellant died before the hearing of this appeal. Hence, his appeal to this Court abated under rule 68(1)(a) of the Court of Appeal Rules.
The 2nd, 3rd, 4th, 5th and 6th appellants who were respectively the 11th, 12th, 14th, 16th and 15th accused persons in the court of first instance were each convicted of the offence of robbery with violence contrary to section 296 (2)of the Penal Code and were each sentenced to suffer death in the manner authorized by law. Their conviction by the aforesaid court was principally founded on the identification evidence of SARAH NAITORE KIRUNJA (P.W.1) and the 3rd and 6th appellants' inquiry statements under caution. The latter statements had been repudiated and were admitted in evidence after trial within a trial. They therefore required corroboration in order to be relied on.
On the night of 23rd November, 1993 at about 3.00 a.m., a gang of robbers descended on the house of the late JUSTUS KIRUNJA armed with axes, "simis" a…