JUDGMENT OF THE COURT
DAVID LANGAT KIPKOECH, the 1st appellant, SIMON KIBET KORIR, the 2nd appellant and JULIUS TERER NGENY, the 3rd appellant, were after trial jointly convicted of robbery with violence contrary to Section 296 (2) of the Penal Code and sentenced to suffer death. The appellants’ first appeal to the High Court of Kenya against conviction and sentence was dismissed by Musinga and Kimaru, JJ. on 20th July, 2004. This is therefore a second appeal.
On the night of 29th and 30th December, 1999 B N (PW1) and his wife J M (PW2) were asleep in their house at Likia Farm when there was a knock on their door by people who were claiming to be police officers and demanding that they open the door for them. When the couple hesitated to let them in, the attackers broke down the door and once inside the house they demanded a TV set, cassettes and money. When PW1 could not produce any money he was hit with a panga on the head and cut on the right hand. He was then covered on the head wit…