JUDGMENT OF THE COURT
1. Caleb Namai Akhala, the appellant herein and four others were jointly tried for several offences by the Senior Resident Magistrate Court at Mumias. The appellant and David Khamala Akulunya (David), were convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code and acquitted of the other charges, while three of the co-accused were acquitted of the robbery and rape charges and found guilty of handling suspected stolen property contrary to section 322(2) of the Penal Code. The appellant and David were each sentenced to death, while the other three co-accused were each sentenced to serve two(2) years imprisonment. The appellant and David each filed an appeal in the High Court against the judgment of the trial court. David died before the High Court proceedings were finalized and his appeal therefore abated.
2. The circumstances leading to the appellant’s arrest as found by the two lower courts were that on the night of 30th Novem…