JUDGMENT OF THE COURT
The two appellants were convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code and each sentenced to death. Their respective appeals to the High Court against conviction and sentence were dismissed. They now appeal to this court on several grounds.
The two appellants were jointly charged with one, Richard Omweru Ondimo who was the first accused in the trial. Charles Anjare Mwamusi, the first appellant in this appeal, was the third accused in the trial while Voroga Ibrahim Kasenge, the second appellant in this appeal, was the second accused.
The particulars of the offence alleged in part, that the three accused jointly with others while armed with dangerous weapons namely pistol and knives robbed Joseph Kariuki Mwiruri of motor vehicle registration No. KAM 108, a Nissan Matatu .
Briefly the prosecution case was as follows:- On 19th November, 1999 Joseph Muiruri (PW1) was the driver of motor vehicle registration No. KAM 108A, a N…