JUDGMENT OF THE COURT
1. This is a second appeal arising from the original judgment of the acting Senior Resident Magistrate’s court at Taveta. Hamisi Mbela Davis and David Anyila Kisolo (hereinafter referred to as 1st and 2nd appellants respectively), were the 1st and 2nd accused in the subordinate court. They were jointly tried and were each convicted and sentenced to death, for the offence of robbery with violence contrary to section 296(2) of the Penal Code.
2. The evidence upon which the appellants were convicted was in a nutshell as follows: On the 18th July, 2005 at 5.30 p.m. Michael Mutie Wambua, (the complainant) (PW2) and Msafiri Kitogho (Msafiri) (PW3), who is his neighbour were on their way to a place called Bura Ndogo. The complainant had a bicycle which he was pushing because there was something wrong with the tyre. At Riata area within Taveta sisal estate, the 1st appellant, who was known to the two, joined them. The 1st appellant struck a conversation asking the two wher…