JUDGMENT OF THE COURT
The three appellants, Peter Samson Wanjeru, Lawrence Asunda Kulali and Kennedy Amira Ambasa were charged before the Chief Magistrate’s court in Criminal case No.2570 of 2001 with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. After a full trial, the learned Senior Resident Magistrate convicted them of the offence and sentenced them to death. Being dissatisfied with both the conviction and sentence, the three appellants have appealed. The three appeals being HCRA Nos. 76, 78 and 83 of 2003 were consolidated and the holding file is HCRA No. 76 of 2003. The particulars of the counts can be stated as follows: -
The three appellants were charged with several counts of robbery with violence that on 20th day of November, 2001 at Saba Saba Enterprises, Maasai Avenue, Nakuru Township, jointly with others not before court while armed with dangerous weapons namely, pistols and pangas, robbed Nileth Kantilal Amin of one Panasonic Television…