GRACE MOKEIRA OMARIBA & 4 OTHERS
V.
REPUBLIC

JUDGMENT OF THE COURT

The five appellants were convicted by the Principal Magistrate, Nakuru, of two counts of robbery with violence contrary to section 296(2) of the Penal Code and each sentenced to mandatory death sentence. Their respective appeals against conviction and sentence which were consolidated were dismissed by the superior court.

Their respective second appeals to this Court have been consolidated.

GRACE MOKEIRA OMARIBA the 1^st appellant was the first accused at the trial while FRANCIS MWAKAMU MWASHI (2^nd appellant); MUSA JUMBA MWASHI (3^rd appellant); HENRY AMUNAVI MWASHI (4^th appellant) and HESBON LIAKA SHINYAZA (5^th appellant) were the 1^st accused; 2^nd accused; 3^rd accused and 4^th accused at the trial respectively.

In the first count of robbery, the appellants were charged with robbing one, SIMON KIPTOO (Kiptoo) (PW1) of Shs.40,000 on the night of 17^th and 18^th July, 1994 at Kisanana Trading Centre in Baringo District.

In the second count, the appellants were charged with ro…