JUDGMENT OF THE COURT
DALMAS MAMBWA MAKAA (hereinafter referred to as “Makaa” and JOSEPH MUSOTSI OPANDA (hereinafter referred to as “Opanda”), the appellants herein, appeal to the Court from the judgment of the High Court of Kenya at Kisumu (Mwera and Mugo JJ) dated 9th October 2007 and by that judgment the learned Judges had dismissed the appeals the appellants had preferred against their convictions and sentences of death imposed upon them by the Chief Magistrate at Kisumu on 3rd September, 2004.
Before the trial magistrate, the appellants and two others, whose appeals were allowed and were subsequently acquitted, had been convicted on two counts of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death. The particulars contained in the charges were identical. It was alleged that on the night of 6th and 7th October 2001 at Ebusiralo Village in West Bunyore Location, Vihiga District, Western Province of Kenya, jointly with others, while armed with da…