JUDGMENT OF THE COURT
The present second appeal is against the dismissal by the High Court (Ang'awa and Waki, JJ.) of the appeal by the appellants against their conviction in the subordinate court by J.R. Karanja, Esq. Ag. Senior Resident Magistrate, of the offence of robbery with violence and the sentence of death passed on them by the Ag. Senior Resident Magistrate.
The facts in brief, as alleged by the prosecution at the trial, were that on the night in question, the appellants and two others went to the house of M.B where she and two others, M.J and H.C, were seated on the verandah with the electric light on. After interrogating M.B, the first appellant then said that they wanted to search her house. The first and second appellants and one of those who had come with them, each produced a pistol and because they were also dressed in what looked like military clothing, M.B believed that they were really policemen and led the appellants into her house where the second appellant in the …