JUDGMENT OF THE COURT
The appellants, Douglas Daniel Odhiambo (the 1st appellant), John Odhiambo alias Kamaliza (the 2nd appellant) and Mark Anene Okuyumba (the 3rd appellant) were jointly charged before Busia Senior Resident Magitrate’s Court with various counts of robbery with violence contrary to Section 296 (2) of the Penal Code and convicted on two of those counts; (count 1 and count 2). Following their conviction they were each sentenced to death as by law provided. They each appealed to the High Court (Ombija and Kariuki, JJ.) but their appeals were dismissed thus provoking the appeal before us.
It was alleged in the 1st count that the appellants, on the 24th June, 2002 at Bwangangi village, Odiado sub-location, in Busia District within Western Province, jointly and while armed with dangerous or offensive weapons namely, jembes, rungus and pangas robbed Silvester Olale of one amplifier, one sola battery, one mobile phone – make Erickson and cash sum of Kshs.1500/= all valued at K…