JUDGMENT OF THE COURT
The three appellants were convicted by the Senior Resident Magistrate Meru of two counts of robbery with violence contrary to section 296(2) of the Penal Code and each sentenced to death. Their respective appeals to the superior court were dismissed.
ROBERT MURIITHI, the first appellant, herein was the first accused at the trial while Cyprian Kamande (the second appellant) and JACKSON MBAABU (third appellant) were the second and third accused respectively. The first appellant died while undergoing treatment on 3rd August, 2002 less than 5 months after lodging the appeal. His appeal has abated under rule 68(1)(a) of the Court of Appeal Rules.
In the first count the appellants were charged with robbing one GEOFFREY KIRIMI (Kirimi) of motor vehicle registration number KAJ 667M Isuzu Pick-up valued at Shs. 1,200,000 and shs. 740/= on the night of 12th August 1999. In the second count the appellants were charged with robbing one STEPHEN KAGUTE (Kagute) of Kshs. 30,000/= …