JUDGMENT OF THE COURT
The appellants, George Wesonga Abuti and Moses Kangu Waswa were jointly charged with two counts of robbery with violence contrary to section 296 (2) of the Penal Code; two counts of assault causing actual bodily harm contrary to section 252 of the Penal Code and two alternative charges of handling stolen property contrary to section 322(2) of the Penal Code. We need not reproduce the particulars of each count. Suffice to say that the appellants pleaded not guilty to all the counts and after a full trial, they were found guilty on the two counts of robbery with violence and sentenced to death. The trial court rightly kept in abeyance sentence of death in respect of the 2nd count for one cannot die two times over.
The brief facts of the prosecution case were that on the night of 8th December, 2004 James Wewecha Ongango, the complainant in respect of count one, heard a knock on his door at about 10:30pm. He lit his lamp and opened the door. He saw the appellant, whom …