JUDGMENT OF THE COURT
The three appellants, Akelo Wagaka Ogina (Ogina), Peter Kitine Amolo (Amolo) and Salim Kapela Abonyo (Abonyo) were charged jointly with two other persons in the Senior Principal Magistrate’s court at Migori with one count of attempted robbery with violence contrary to section 297 (2) of the Penal Code. While the two other persons jointly charged with the appellants were acquitted for lack of evidence, the three appellants were convicted of the offence charged, and sentenced to death.
The appellants duly appealed against conviction and sentence to the superior court but their consolidated appeals were dismissed, precipitating this appeal.
At about 9.00 pm on the night of 14th June, 1997 Sylvanus Wagaka Ogima (PW 1) (the complainant) was asleep in his house at Nyabisawa village in Migori District when robbers broke open the door of the house using a big stone and proceeded to his bedroom. One of the robbers was armed with a gun, the others with rungus and pangas. It w…