JUDGMENT OF THE COURT
The five appellants were convicted by the Senior Principal Magistrate, Embu of robbery with violence contrary to section 296(2) of the Penal Code and were each sentenced to death. Their respective first appeals to the superior court were dismissed. The 2nd appellant escaped from custody during the pendency of the appeal and his appeal has already been marked as abated under rule 70(7) of the Court of Appeal Rules.On the night of 14th July, 2000 at 2.00 a.m. robbers raided the home of Evans Ireri Mweya (complainant) and robbed him of money, two pangas , one packet of maize flour, two packets of wheat flour and one packet of rice.On the following day, that is, 15th July, 2000 the robbers again raided the home of the complainant at 2.00 a.m. and robbed him of motor vehicle registration number KWT 346, colour television, gas cylinder, two pairs of gumboots, one thermos flask, two hot pots and one kettle, two electric iron boxes, one foot-pump Eveready torch, four pair…