JUDGMENT OF THE COURT
1. Joseph Muchangi Nyaga and Boniface Kavuti Muthee were jointly charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code, Chapter 63 of the Laws of Kenya. The Information is that on the 15th day of September, 2004 at Kakambura village Kirigi Sub-location Nganderi Location in Embu District within Eastern Province jointly with others not before Court while armed with dangerous weapons namely pangas, iron bars and rungus, robbed Silas Kiondo Kimotho cash Ksh. 16,000/=, 2 power saws and a mobile phone all valued at Ksh. 112,000/= and immediately before or immediately after such robbery used actual violence to the said Silas Kiondo Kimotho. The appellants faced an alternative charge of handling stolen goods contrary to Section 322 (1) of the Penal Code.
2. The appellants were tried, convicted and sentenced to death as by law prescribed. Aggrieved by the conviction and sentence by the trial magistrate, the appellants lodged a first…