JUDGMENT OF THE COURT
Peter Mugendi, (the appellant) was charged as the second accused alongside one Benson Mwaura Njiru (Benson) with three counts of robbery with violence contrary to Section 296(2) of the Penal Code. The offences all occurred on 10th April 2008 at Ena Market, Kawanjara Sub-location, in Embu District of the then Eastern Province. The robbers were said to have been armed with dangerous weapons namely; pangas, metal bars and axes and they stole cellphones and cash from Nahashon Gitonga Mwaniki (Nahashon), Elias Nyaga Njagi (Elias) and Phelister Muthoni Nyaga (Phelister). In the course of those robberies, the robbers beat the named complainants.
At the conclusion of the trial in which the learned trial Magistrate heard six prosecution witnesses as well as the appellants in their sworn defences, the two were found guilty, convicted and sentenced to suffer death as by law provided. They both appealed to the High Court (Lesiit and Ongudi JJ) which, by a judgment dated 27th J…