JUDGMENT OF THE COURT
The appellants, Peter Gachoki Njuki and Anthony Mbogo Njuki, were found guilty and convicted by the High Court sitting at Nyeri (Juma, J) upon an information which charged them and one Obed Kariuki Muthike (who is now dead) with murdering Patrick Kariuki Mwangi (the deceased ) on 22nd April, 1997 at Njoguini village in Kirinyaga District of the Central Province, contrary to Sections 203 and 204 of the Penal Code (as read together), and were duly sentenced to death. The assessors did not support the learned Judge and we will advert to this factor later on in this judgment.
On the night of 22nd April, 1997 Robert Mugo Muthike (PW1) (Robert) was asleep in his house at Njoguini village. So was the deceased. At about 1.00 O’clock in the morning Robert heard the voice of Peterson Gachoki Njuki (the first appellant) calling upon him to open the door to enable him to “remove his thing” meaning re-acquire his property. These persons were all neighbours. When Robert refused …