JUDGMENT OF THE COURT
The appellants were jointly charged with the count of robbery with violence contrary to section 296 (2) of the Penal Code, Cap 63 of the Laws of Kenya. The 2nd appellant, James Mwangi Irungu, was charged with an alternative count of rape contrary to Section 5 (1) of the Sexual Offences Act No. 3 of 206 and a further count of indecent assault contrary to Section 11 (6) of the Sexual Offences Act.
The trial magistrate found the appellants guilty and convicted them for the offence of robbery with violence and sentenced them to death. On the charge of rape, the 1st appellant was sentenced to 10 years imprisonment. We note that it was the 2nd appellant who was charged with rape and not the 1st appellant.
Dissatisfied with the conviction and sentence by the trial magistrate, the appellants lodged a first appeal before the High Court (Sergon and Wakiaga JJ.). upheld the lower courts findings on conviction and sentence, and dismissed the appeal.
The appellants lodged this se…