JUDGMENT OF THE COURT
JULIUS MUGAMBI, SAMWEL MWIRIGI, MUCHEKE KAGURU and MORRIS MWITI, the appellants, and JAPHETH KARITHI whose appeal has abated under rule 68(1)(a) of the Rules of this Court on account of his death, were convicted by
the Chief Magistrate, Meru, on 23rd March, 2001 on three counts of robbery with violence contrary to section 296(2) of the Penal Code and on one count of robbery contrary to section 296(1) of the Penal Code and sentenced to death on all counts but the execution of the sentences in three counts being ordered to remain in abeyance. Their respective appeals which were consolidated were partially successful. The convictions of each appellant on two counts of robbery with violence were quashed and sentences set aside, but the convictions of each appellant on one count of robbery with violence under section 296(2) and on one count of robbery under section 296(1) were upheld. And so were the sentences of death. This is therefore a second appeal.
We would point o…