JUDGMENT OF THE COURT
Criminal Appeal Nos. 19 and 186 of 2002 respectively were consolidated and heard together. The appellants, Rashid Gedi Adan (1st appellant) and Malele Ahmed Hussein (2nd appellant), and three other persons whose appeals are not before us were jointly charged with robbery with violence, contrary to section 296 (2) of the Penal Code. Both of them faced separate additional counts of being in possession of firearms and ammunition without a firearm certificate contrary to section 4 (2) of the Firearms Act Cap 114 Laws of Kenya. In those additional counts, too, they were jointly charged with other persons whose appeals are not before us. Both of them were found guilty and convicted in the respective counts they faced, were convicted and sentenced to death in the first count and were additionally ordered to serve imprisonment terms in the other counts.
We wish to observe that where, as in this case a person faces several counts, and he is sentenced to suffer death in one …