JUDGMENT OF THE COURT
1. The appellants were charged with four counts of robbery with violence contrary to Section 296 (2) of the Penal Code and two counts of gang defilement contrary to Section 10 of the Sexual Offences Act. In the alternative to the gang defilement charges, the appellants were also charged with committing an indecent act with a child contrary to Section 11 (1) of the Sexual Offences Act.
2. They pleaded not guilty to all the charges but after trial before the Principal Magistrate at Kakamega they were convicted and sentenced to death on the robbery charges and to fifteen years imprisonment on each of the two counts of committing an indecent act. Save for the death sentence on count 1, the others were held in abeyance.
3. On appeal to the High Court, the appellants' appeals on the two counts of committing an indecent act were allowed but those on their convictions and sentences on the' four counts of robbery were dismissed. They have now come to this Court on a second a…