JUDGMENT OF THE COURT
John Nyamu Mwaura, the appellant was the 1st accused, among three people who stood charged before the Chief Magistrate’s Court, at Thika with two counts of robbery with violence, contrary to section 296 (2) of the Penal Code, and one count of rape contrary to section 140 of the Penal Code. One of the three accused persons, Simon Muhia Wanjiku, who was the second accused, died during the pendency of the case before that court and the case against him was, with leave of the court, withdrawn under section 87 of the Criminal Procedure Code. The appellant and one Joseph Mwangi Wanyoike, alias Kamuiru, whose appeal is notbefore us, were tried, convicted and sentenced to death on each of the two counts of robbery. The trial magistrate, apparently, made no finding on the charge of rape which concerned the appellant and the 3rd accused.
Both the appellant and Joseph Mwangi Wanyoike, were dissatisfied with the decision of the trial magistrate and appealed against that decisi…