JUDGMENT OF THE COURT
The three appellants herein, Irene Nduku Ndeto, Jackson Kimatu Mutunga and Duncan Kyalu Muange were jointly charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that:-
“On the 28 th day of April 1999 at Kariobangi Estate in Machakos District within Eastern Province, jointly with others not before court, being armed with dangerous weapons namely pistols robbed Richard Mutua Musyoka Kshs.700,000/ - and a motor vehicle Reg. No. KAG 319H make Nissan Sunny all valued at Kshs.1,500,000/ - and at or immediately before or immediately after the time of such robbery killed the said Richard Mutua Musyoka.”
After a full trial before the Ag. Senior Resident Magistrate at Machakos (P.C. Tororey), the appellants were convicted and sentenced to death as mandatorily provided by the law. Their appeals to the High Court were dismissed and hence they now come before this Court by way of second appeal.
The bri…