FIDELIS WANDERA MAKOKHA OUMA & ANOR
V.
REPUBLIC

JUDGMENT OF THE COURT

1. FIDELIS WANDERA MAKOKHA OUMA (the 1^st appellant) and NICODEMUS DEDE MAGIO (the 2^nd appellant) were charged with the offence of robbery with violence contrary to Section 295 as read together with Section 296(2) of the Penal Code. The 1^st appellant was in the alternative charged with handling stolen property contrary to Section 322(2) of the Penal Code.

2. After trial the appellants were convicted on the main charge of robbery with violence and sentenced to death. Their appeal to the High Court was summarily rejected thus provoking the two appeals before us.

3. At the hearing the two appeals were consolidated and Mr. Sirtuy, learned Principal Prosecution Counsel, conceded them arguing that there was no sufficient ground for rejecting the appellants’ appeal summarily.

4. On their part, Messrs Onyango and Odeny, learned counsel for the appellants, citing several authorities in support of their submissions, argued that the appellants’ appeals to the High Court raised s…