JUDGMENT OF THE COURT
The three appellants Bora Karisa Tsuma, Bondo Tsuma Kahila and Eric Nyiro Douglas were charged and convicted of two counts of robbery with violence contrary to section 296(2) of the Penal Code. They were all sentenced to suffer death by Siganga (Senior Resident Magistrate) on 21st day of June, 1995. Their first appeals were dismissed by the superior court (Hayanga, J. and Joyce Khaminwa, Commissioner of Assize) on 3rd May, 2000. They have appealed to this Court and their appeals being a second appeal they can only be on a point of law in terms of section 361(1)(a) of the Criminal Procedure Code.
Mr. Ngombo who represented all the three appellants condensed their numerous grounds of appeal into one main ground in that all the three appellants were not at the scene of the robbery nor did they participate in the robbery.
Hence, the two lower courts erred in basing the conviction of the three appellants on their alleged identification by the two eye witnesses at the sce…