RULING OF THE COURT
1. The appellants were charged with various counts of robbery with violence and attempted robbery with violence contrary to Sections 296 (2) and 297 (2) of the Penal Code, Cap 63 of the Laws of Kenya. The Information against the appellants was that on the 13th day of December, 2002, at Lakeview Estate, in Naivasha Nakuru District of the Rift Valley province, jointly while armed with dangerous weapons namely a G3 rifle, a pistol and knives robbed Mary Amina of cash Ksh. 20,000/= and at or immediately before or immediately after the time of such robbery used personal violence to the said Mary Amina. On the same day and while so armed with dangerous and offensive weapons, the appellants attempted to rob David Kioko Muiya of cash and at or immediately before or immediately after the time of such attempted robbery shot dead the said David Kioko Muiya.
2. The appellants were tried, convicted and sentenced to death by the trial court. Their first appeal to the High Court wa…