JUDGMENT OF THE COURT
The appellants herein Charles Simatwa Chemasweti (1st appellant) and Martin Wanjala Chuma (2nd appellant) were convicted of robbery with violence contrary to section 296(2) of the Penal Code and each of them sentenced to death as provided by the law, by the Senior Resident Magistrate, Kitale (Mr. D.K. Gichuki). Their appeals to the superior court were dismissed. They are now before us by way of second appeal.
When the appeal came up for hearing on 20th September, 2005 the 1st appellant was represented by Mr. Duke Omwenga while the 2nd appellant was represented by Mr. Omondi Obudo. The State was represented by Mr. Omutelema (Principal State Counsel).
This being a second appeal only matters of law fall for consideration as matters relating to facts have been dealt with and resolved by the trial court and the first appellate court – see section 361(1) of the Criminal Procedure Code.
The facts as confirmed by the first appellate court were that the complainant, David Ket…