The magistrate was of the view that superior courts have time and again held that the death sentence in robbery with violence cases is still legal.
Justice Lawrence Mugambi, acknowledged that the DPP has continued to use unconstitutional Penal Code provisions to charge robbery with violence suspects.
Musharaf Abdalla, alias Shuku, Mohamed Ali Abikar and Joseph Juma Odhiambo were re-arrested four days later at a village of Mwingi, Kitui County, where they were plotting to sneak into Boni Forest.
A French court Thursday ruled oil and gas giant TotalEnergies had engaged in "misleading commercial practices" by overstating its climate pledges.
The three terror convicts used a hole that they dug at 'Kinyongi' block using sharpened nails and chisel. They then used a rope to climb the perimeter wall before escaping.