JUDGMENT OF THE COURT
Chengo Pevu Makau (1st appellant) and Yaa Kiti Yaa (2nd appellant) were tried with the aid of assessors by the High Court, at Mombasa, upon an information charging them with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, and at the close of the trial they were both found guilty, were convicted as charged, and were thereafter sentenced to the mandatory death penalty. They were aggrieved and hence these consolidated appeals. In their respective memoranda of appeal they have raised 7 identical grounds. However, when the appeals came up before us for hearing, Mr Okanga, counsel appointed by the court to represent both appellants, abandoned grounds 1, 3, 4 and 6 and argued the remaining grounds together. Those were “ (2) That the learned trial High Court Judge erred in law and fact by arriving to (sic) conclusion that the appellant was guilty of the offence without discreetly bearing in her judicial mind that there was not any…