JUDGMENT OF THE COURT
Elizabeth Akinyi Odoyo, the 1st appellant and Elisha Otieno Odera, the second appellant, were tried before the Senior Resident Magistrate at Homa-Bay on a charge of robbery with violence contrary to section 296 (2) of the Penal Code and upon their conviction on that charge, the magistrate duly sentenced them to death as the law prescribes. The two then appealed to the High Court at Kisii and by its judgment dated and delivered on 27th March, 2006, the High Court (K. Bauni and Mohamed Warsame, JJ) dismissed their appeals, the two learned Judges being satisfied on the recorded evidence that the prosecution had proved its case against each appellant beyond any reasonable doubt. The two appellants now come to this Court by way of a second appeal, and that being the position, Section 361 (1) of the Criminal Procedure Code, Chapter 75 Laws of Kenya, restricts the jurisdiction of the Court to dealing only with matters of law.
The first matter of law raised on behalf of th…