JUDGMENT OF THE COURT
This is a second appeal by Patrick Ngunjiri Kariuki and Stephen Kaguongo Kahure (1st and 2nd appellants respectively) from the judgment of the High Court (Sergon and Wakiaga, JJ.) dated the 9th December, 2011. Both appellants were charged together with 5 other accused persons with two counts of robbery with violence contrary to Section 296 (2) of the Penal Code and several other offences before the Chief Magistrate’s Court at Nyeri. After trial the 5 co-accused persons were acquitted of all the charges but the two appellants herein were found guilty, convicted and sentenced to suffer death in respect of the two charges of robbery with violence. The appellants unsuccessfully appealed before the High Court, thus this appeal.
For sake of clarity these are the particulars of the offences that the appellants were convicted of; the first count stated that on the 11th day of February, 2006 at Kayaba Village, Karatina in Nyeri District within Central Province, the appellan…