JUDGMENT OF THE COURT
PETER KANGETHE MWANGI, CYRUS MURIITHI MBURU and PIUS NGIDIA MARANO, the appellants herein, were convicted by the Senior Principal Magistrate, Kibera, on various counts of robbery with violence contrary to Section 296 (2) of the Penal Code and each sentenced to death. The particulars of the charges are laid out in the charge sheet incorporated in the record of appeal.
During the first week of June 2001 and for about three or so consecutive days, a heavily armed gang of robbers possessing pistols, guns and assorted crude weapons terrorized, harassed, injured, maimed and robbed with abandon the residents of Ongata Rongai township. The first robbery was staged on 2nd June, 2001, when the gang waylaid a shopkeeper Fredrick Mwangi (PW 3) and his wife Grace Wanjiku (PW 4) who were on their way home after closing their shop at the end of the day. The couple was in the company of James Gachuhi (PW 7), one of their workers, in the vehicle KAL 612 D at around 9.00pm., when up…