NELSON KITESE MAWEU & 2 ORS
V.
REPUBLIC

JUDGMENT OF THE COURT

The three appellants herein, Nelson Kitese Maweu, Robert Kyalo Muia and John Nganzo Mweu were convicted of robbery with violence, contrary to section 296(2) of the Penal code, and each sentenced to death, by Mrs. R. Kimingi, Principal Magistrate on 16^th August 2002.

They were dissatisfied with both the conviction and sentence, and appealed to the superior Court. Their appeals were however dismissed on 26^th April 2005. (O.K Mutungi and F.A. Ochieng, JJ). The three have now appealed to this Court on points of law, as appear in their petitions of appeal.

The main ground of appeal raised and argued before us by Mr. Onalo for Nelson Kitese Maweu (1^st appellant) and John Nganzo Mweu (3^rd appellant), and Mr. Ondieki for Robert Kyalo Muia (the 2^nd appellant) was that the “superior court erred in law by confirming the conviction on the basis of a defective charge sheet”.

The charge on which the appellants were convicted in the Magistrate’s court reads:

“Nelson Kitise Maweu, Jo…