JUDGMENT OF THE COURT
NORMAN AMBICHI MIERO and HENRY KISINJA ANJILI were jointly charged before the Chief Magistrate’s Court at Makadara with the offence of robbery with violence contrary to section 296(2) of the Penal Code.
The particulars of the charge stated that, on the 18th day of December, 2001 at Mowlem Valley in Nairobi within Nairobi area, jointly while armed with dangerous weapons namely knives robbed Priscilla Nduta of a handbag, cash KShs.7,775/= a mobile phone make Erickson Number A1018s all valued at KShs.12,500/= and at or immediately before or immediately after the time of such robbery threatened to use actual violence on the said Priscilla Nduta.
The appellants were tried, convicted and sentenced to suffer death by the learned trial magistrate. The conviction and sentence was confirmed by the High Court. The appellants appeal before this Court is only on points of law.
The evidence that led to the conviction of the appellants was given by three prosecution witnesses. The …