JUDGMENT OF THE COURT
1. David Cheti Mwitani (David) and Thomas Aliero Ikolomani, (Thomas) who are the appellants herein were tried together with three other co-accused before the Senior Principal Magistrate’s Court at Bungoma on two counts of the offence of robbery with violence contrary to section 296(2) of the Penal Code Chapter 63, Laws of Kenya. The two appellants and Moses Bahati Wanyonyi (Moses) one of the co-accused, were convicted of the charges and each sentenced to death on each count.
2. During the trial eleven witnesses testified who included Margaret Omukobi (Margaret) the complainant in the first count; Leah Muthoni Maina (Leah) the complainant in the second count; Dedan Kimathi Kinuthia (Dedan); Nancy Muthoni (Nancy) and Bernard Shikuku (Bernard) who each purported to have recognized one of the accused persons during the robbery.
3. Aggrieved by the judgment of the trial court, the two appellants and Moses each preferred an appeal to the High Court. The appeals were conso…