JUDGMENT OF THE COURT
This is a second appeal. The appellants (Gabriel Owang Otila and Stephen Odera Odhiambo) filed first appeals in the superior court which were consolidated and conducted by the appellants in person. Those appeals were dismissed in a judgment dated and delivered on 11th December 2007. They were charged before the Principal Magistrate at Siaya with the offence of robbery with violence contrary to section 296 (2) of the Penal Code, the particulars of which stated that:-
“On the third day of January 2003 at Sidindi village in Siaya District of the Nyanza Province, robbed Flora Omolo of eight hens valued at Ksh. 2,400 and at or immediately before or immediately after the time of such robbery wounded the said Flora Omolo by cutting her.”
They pleaded not guilty to that charge but after hearing the case, the learned Senior Resident Magistrate (F. M. Omenta) found them guilty as charged, convicted both of them and sentenced them to death. That is what prompted their appeal t…