JUDGMENT
The two appellants Hewett Vusena Kesusa and Terence Atsango Shikutwa are condemned prisoners having been sentenced to death by the High Court at Eldoret, (Kimondo & Ngenye, JJ.) in a judgment delivered on 31st July 2014. The learned Judges did so while dismissing the appellants’ appeal by which they had challenged their conviction and sentence of 14 years imposed by the Kapsabet Senior Resident Magistrate (Hon. Lorot) on 7th September, 2011 for the offence of robbery with violence. The learned Judges found the term sentence to be illegal and enhanced it to death.
In so enhancing the sentence, the learned Judges were cognizant that the State had not cross-appealed or given a notice of enhancement of sentence and that it had not itself warned or cautioned the appellants that, there was the likelihood of such enhancement were they to proceed with their appeals before that court. Finding umbrage under the decision of Stanley Nkunja v Republic[2013] eKLR by a differently constituted…