JUDGMENT OF THE COURT
The appellants were jointly charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars were that on 12th August, 2007 at Shirulu sub-location in south Kakamega District within Western province while jointly armed with pangas and rungus they robbed Bernard Imbayi Kshs. 1000 and immediately before or immediately after the time of such robbery wounded the said Bernard Imbayi. The appellants denied the charge but after a full trial, they were found guilty, convicted and sentenced. Whereas 1st and 4th appellants were detained at the president’s pleasure the 2nd and 3rd appellants were sentenced to death.
The facts that informed the prosecution case were briefly that on 12th August, 2007, at about 10:00pm Benard Imbayi “the complainant” was walking home when he saw a group of people ahead of him whom he recognized upon flashing his torch as local boys whom he knew quite well. They were all armed but he had no reason t…