JUDGMENT OF THE COURT
This is the second and last appeal. The three appellants Peter Oyugi Mokaya, Rodgers Ondieki Nyakundi and Erick Ondiek Andrea, were all charged before Chief Magistrate’s Court at Kisii with three offences namely robbery with violence contrary to section 296 (2), rape contrary to section 140 and indecent assault contrary to section 144 (1) all of the Penal Code. They each denied the charges but after full hearing, the learned Senior Resident Magistrate (A. A. Ingutya) found each guilty of the first count of robbery with violence, convicted them of the same and sentenced each of them to death. They were found not guilty of the offences of rape and indecent assault and were acquitted and released in respect of those two counts. The particulars of the offence of robbery with violence in respect of which they were convicted read as follows:-
“On 26th day of December 2004 at Machabi area Riana location in Kisii District within Nyanza Province jointly robbed J.O.A of Kshs…