JUDGMENT OF THE COURT
[1] A grisly murder of two people, Moses Ndiwa Nangendo (1st deceased) and Benson Wekesa Ekwara (2nd deceased) occurred on 27th October 2007 at Kamuneru Village, Mount Elgon District. As a result the six appellants were jointly charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code before the High Court in Bungoma. They were tried, and upon being found guilty, were convicted and sentenced to suffer death. They have appealed against both the conviction and sentence.
[2] It is necessary to state the background against which this offence took place as indeed it is a matter of public importance worthy of judicial notice. During the material period when this offence was committed, there was a general state of insecurity within the Mt Elgon area that was exacerbated by the emergence of a rug tag kind of army known as Sabaot Land Defence Force (SLDF). There was also ethnic tension and post-election violence - see Report of th…