JUDGMENT OF THE COURT
This is a second and final appeal by Charles Kago Wanjohi and Stanley Karimi Kago, the appellants, who were convicted on 23rd April, 2002 by the Kerugoya Principal Magistrate, Mr. W. N. Njagi, for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code and sentenced to death, as by law required.Their first appeal to the superior court (Khamoni, Okwengu, JJ.) was dismissed. The concurrent facts established by the two courts below were that on the night of 18th October, 2001 and the early morning of 19th October, 2001 at about 1.20 a.m. a gang of robbers struck at an estate known as Kimari Estate in Kerugoya town and robbed and injured several people living in the estate. There were four houses that were ransacked, and the appellants were charged with four counts of robbery with violence. The lower court heard evidence from nine witnesses. Peterson Kinyua Mwangi (Mwangi) (PW1) testified that on the night of 18th October, 2001, three men br…