JUDGMENT OF THE COURT
DISMUS ETYANG, the 1st appellant and DAVID OUMA, the 2nd appellant, were charged with three counts of robbery with violence contrary to Section 296(2) of the Penal Code. They were in the alternative charged with handling stolen property contrary to Section 322 of the Penal Code. After trial they were convicted on the first two counts and sentenced to death. No finding was made on the alternative charge of handling. Their appeals to the High Court having been dismissed, they have come to this Court on a second appeal.
The prosecution case was that during the night of 19th September 2008, three people entered the house of PW4 at Andungosi in Bungoma and ordered him to take them to his brother, PW1’s house and tell PW1 that PW4 was with police officers and was under arrest for being in possession of bhang. PW4 complied and PW1’s wife lit a hurricane lamp and opened the door. The thugs then entered PW1’s house with PW4, tied PW1 and robbed him of Kes.2,600/= in cash, a…