JUDGMENT OF THE COURT
The appellants ALFRED KIMATA KIHUNGWA and WYCLIFF KHATECHI were jointly charged, tried, convicted and sentenced to suffer death on a single count of robbery with violence contrary to Section 296(2) of the Penal Code before the Chief Magistrate’s Court at Kibera. The particulars of the offence were that;
“On the 7th day of December 2004 at Jamhuri road, jointly with others not before court, while armed with a knife [they] robbed Karanja Omari of a bicycle and one mobile phone make Motorolla all valued at Kshs. 6,499 and at, immediately after or immediately before the time of such robbery used personal violence to the said KARANJA OMARI.”
A précis of the prosecution case was that on 7.12.04 at about 6.45am the complainant Karanja Omari (PW1) was cycling from BM Security Headquarters along Jamhuri Road where he worked as a supervisor. As he rode his bicycle across a field nearby, he came upon some four men. Two of them took hold of his bicycle while the other pair mena…