Three men sentenced to death for stripping and robbing a female passenger in a Githurai 44 bus have appealed their sentence.
Nicholas Mwangi, Meshack Mwangi and Edward Ndung’u (driver, conductor and petrol station attendant respectfully) want the court to set them free on grounds that the trail magistrate erred in law by sentencing them to death.
The convicts argue that the learned magistrate erred in law and in fact for convicting them to death on the robbery with violence charge without sufficient evidence.
In the appeal filed by their lawyer Harrison Kinyanjui, the the three say that trail magistrate Francis Andayi erred in law in shifting the burden of proof on them .
They have listed 22 grounds they want the court to consider in their favor.
The convicts were found guilty of robbery with violence and stripping and sexually assaulting a woman by the trial court in July where they were sentences to 25 years in jail for assault and death for robbery with violence.
They were found guilty of the offences by Nairobi Chief Magistrate Francis Andayi.
However, the 25 years jail term was suspended as the trio had already been handed the death penalty.
They were charged with stealing Sh 10 ,200, a Samsung Galaxy mobile phone worth 27,000, one bottle of perfume, a clutch bag and a make-up kit all amounting to 41,700 from a female passenger.
The trio was accused of committing the offence at Millennium Petrol Station in Githurai 44, jointly with others not before court on the night of September 19th and 20th.
They were further charged with sexually assaulting the victim as seen in a video shot by the third accused person that went viral on social media.
They denied the charges and were denied bond.