JUDGMENT OF THE COURT
DAVID IRUNGU MURAGE and ANTHONY KARIUKI KAREGI ,the appellants, were after a lengthy trial spanning a period of about a year convicted of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death. Their first appeals to the High Court of Kenya at Nakuru (Muga Apondi and Kimaru JJ) were dismissed on 5th August, 2004 and hence this second appeal.
The particulars of the charge preferred against the two appellant’s read as follows: On the 6th November, 1998 at Veterinary cash office, Nakuru Township in Nakuru District of the Rift Valley Province, jointly with others not before the court being armed with dangerous weapons namely two pistols, robbed Moses Mugambi Kanjagua of cash Kshs.284,225/= and at or immediately before or immediately after the time of such robbery used personal violence to the said MOSES MOGAMBI KANJAGUA.
At about 3.30 p.m. on 6th November, 1998 the staff of the District Veterinary Department at Nakuru were at work in …