JUDGMENT OF THE COURT
This is a first appeal from the judgment of the High Court at Homa Bay (Maina, J.) dated 5th December 2013. By that judgment, the learned judge convicted the three appellants, Hellen Onyango Oloo (Hellen), Julius Otieno Syonge (Julius) and Pamela Atieno Ramogi (Pamela) on two counts of murder contrary to section 203 as read with section 204 of the Penal Code, and sentenced them to death on both counts, but directed the sentence for the second count to be held in abeyance. The appellants were aggrieved and preferred this appeal, in which they challenge both the conviction and sentence.
The information pursuant to which the appellants were tried and convicted charged them jointly with others not before the court, with the murder of Joseph Alal Rasugu (Joseph, Count I) and Elizabeth Omollo Alal (Elizabeth, Count II), on 10th July 2012 at Onuro Village, Ndhiwa District in Homa Bay County. The evidence adduced by the prosecution was that on the material day, at about 6 …