JUDGMENT OF THE COURT
The appellants, Edwin Opondo Ambalo, Nicholas Onyango Omondi and Malcolm Odhiambo Owino alias ‘tall’ were charged alongside four others with the offence of robbery with violence contrary to section 296(2) of the Penal Code, were tried, convicted and sentenced to death as by law prescribed.
The particulars of the offence were that on 15th December, 2006 at Got-Osimbo sub-location in Siaya County the appellants, jointly with others, while armed with dangerous weapons namely pangas and rungus, robbed Captain James Odhiambo Ouda of a laptop, digital camera, radio cassette, amongst other properties and cash, and at or immediately before or after the time of such robbery used actual violence to the said Captain James Odhiambo Ouda.
The Facts
The pertinent facts as established by the two lower courts on the basis of which the appellants were convicted are that on Friday 15th December 2006, Captain James Odhiambo Ouda (Captain Ouda), a captain with the Kenya Air Force, left …