JUDGMENT
Anthony Ooro Amola and Tobias Odhiambo Amuga, the 1st and 2nd appellants respectively, were charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on 1st November, 2013 at Kasimba village in Rachuonyo South District within Homabay, the two appellants jointly murdered Erick Odongo Agutu (the deceased).
The appellants were tried and convicted by the High Court sitting at Homabay (Majanja, J). Subsequently, they were each sentenced to suffer death by Omondi, J. (as she then was). The appellants being dissatisfied with their conviction and sentence, have each filed an appeal before this Court. Each of the appellants filed memorandum of grounds of appeal in person, challenging the judgment on several grounds.
In addition, learned counsel Mr. Richard Onsongo filed supplementary grounds of appeal for both appellants and also filed joint written submissions for both appellants. Subsequently, learned…