JUDGMENT OF THE COURT
The appellants before us are Kazungu Kasiwa Mkunzo (1st appellant) and Swaleh Kambi Chai (2nd appellant). The two of them were tried and convicted by a Chief Magistrate at Malindi on one joint count of robbery with violence contrary to section 296(2) of the Penal Code and the particulars contained in that charge were that on 14th day of December, 2000 at Shauri Moyo trading centre in Magarini location, Malindi District, Coast Province, the two appellants, jointly with others not before the court and while armed with dangerous weapons, namely a G3 rifle and knives, they robbed Josephat Karisa Kazungu of one camera, 11 sufurias one radio cassette, 6 bed-sheets, 21 constumes, one lesso, a tin of ballgums, a tin of Koo cooking fat and Kshs. 4,000/- all valued at Kshs. 20,000/- and that during the robbery, the appellants threatened to use actual violence to the said Josephat Karisa Kazungu. Upon their conviction on this count, each appellant was sentenced to death as i…