JUDGMENT OF THE COURT
The appellants were convicted and sentenced to death on a charge of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the offence were that on the 3rd day of August, 2004 at Kangundo Township in Machakos District within the Eastern Province, jointly while armed with a dangerous weapon namely a knife, robbed Albanus Mutisya Mweu of one jacket valued at Kshs.1,200.00 and a pair of leather shoes valued at Kshs.1,500.00 and cash Kshs.200.00 and at or immediately before or immediately after the time of such robbery used actual violence to the said Albanus Mutisya Mweu.
Being dissatisfied with the said conviction and sentence, the appellants preferred an appeal to the High Court of Kenya, (Ojwang and Lenaola, JJ.).
Upon re-evaluation of the evidence tendered before the trial court, the High Court dismissed the appeal and affirmed the aforesaid conviction and sentence. The appellants then moved to this Court and filed a second appeal.
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