JUDGMENT OF THE COURT
The appellant in this appeal Julius Julai Christina, together with another, were charged in the Senior Resident Magistrates Court at Voi with the offence of robbery with violence, contrary to section 296 (2) of the Penal Code. The particulars were as follows:- “1. Julius Julai Christina (2) Patrick Dida Mwangangi; On the 29th day of August 2004 at Gumba area Sagala in Taita Taveta District within Coast Province, jointly with others not before court, while being armed with a dangerous or offensive weapon namely a sisal rope, robbed Crispus Mwanda Mwamidi of a motor vehicle registration number KWJ 434 Toyota Station Wagon valued at Kshs.230,000 and at or immediately before or immediately after the time of such robbery killed the said Crispus Mwanda Mwanidi.” They pleaded not guilty to the charge but after full hearing, the learned Senior Resident Magistrate (K. Muneeni) found them guilty, convicted them and sentenced each of them to suffer death as by law prescribed…