JUDGMENT OF THE COURT
1. The three appellants were jointly charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code, Cap 63 of the Laws of Kenya. The particulars are that on the 11th day of March 2008 in Kakamega North District within Western Province, jointly with others not before court, while armed with dangerous weapons namely pangas and rungus robbed S M L cash Ksh. 470,000/= and at or immediately before or immediately after the time of such robbery, used actual violence to the said S M L. The appellants faced two additional counts of assault causing actual bodily harm to S M and D M respectively contrary to Section 251 of the Penal Code and one count of creating a disturbance in a manner likely to cause a breach of peace contrary to Section 95 (a) and (b) of the Penal Code. The trial magistrate convicted all the three appellants for the offence of robbery with violence and sentenced them to death. The 2nd appellant was also convicted of assa…