JUDGMENT OF THE COURT
The appellants, PETER MUSYOKA WAMBUA (the 1st appellant) and STEPHEN KYALO MUTISO (the 2nd appellant) and four other persons were charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code and arraigned before the Principal Magistrate’s court at Machakos. Prior to the conclusion of the trial the 3rd and 4th accused died. The appellants, alongside the 1st and 6th accused were convicted and sentenced to death following which they appealed to the High Court. Prior to the conclusion of the appeal in the High Court the 1st and 6th accused died. In a judgment delivered on 18th May, 2007, the High Court (Ojwang and Sitati, JJ) dismissed the appellants’ appeal and upheld the conviction by the trial court.
The particulars of the charge on which the appellants were convicted are that on 7th January, 2000, at about 3.00p.m at Masewani village in Matuu location of Machakos District within Eastern Province, jointly with others not before the …