JUDGMENT OF THE COURT
Of the three appellants, the second appellant having died, his appeal abated by virtue of the provisions of Rule 68(1)(a) of the Rules of this Court. We then proceeded to hear the appeal brought by the first and third appellants.
The grounds of appeal of substance which were argued by Mr. Mugikoyo and Mr. Mbuthia for the first and third appellants respectively, really amounted to this that the plea of guilty by each of the appellants to the charge of robbery with violence contrary to section 296(2) of the Penal Code, and which upon conviction, carried the mandatory death sentence, was not voluntary or unequivocal and further, that the appellants should have been warned beforehand of the consequences of actually pleading guilty to the offence charged.
The appellants had on 29th May, 1987, been jointly arraigned in a retrial before the Senior Resident Magistrate at Bungoma, on the charge of robbery with violence after their original trial and conviction of the same of…