JUDGMENT OF THE COURT
The three appellants Peter Waihiga Kabiru, Simon Baabu Mwangi and Zachary Sinda Kerosi were charged with another before the Chief Magistrate's court at Nyeri on various offences. They were tried and convicted by the Senior Principal Magistrate and were sentenced as we shall show in this judgment.
They filed appeals to the High Court of Kenya at Nyeri which were consolidated. In a judgment delivered by the High Court (Wakiaga and Ngaah, JJ) on 19th September, 2014, the appellants’ convictions and sentences in respect of the 3rd, 4th and 5th counts succeeded and those convictions and sentences were quashed and set aside. The other persons’ appeal (who had appealed with the appellants) succeeded as his appeal on all counts was allowed and convictions and sentences were quashed and set aside. The appellants’ appeals against conviction on a count of robbery with violence and a charge of personating a public officer were dismissed. It is those orders that provoked this a…