JUDGEMENT OF THE COURT
The appellant Hillary Ochieng Osula alias Ndugu, together with Elijah Ponge Oteng alias Jasho and Fred Odhiambo Ouma (hereinafter “the 1st and 2nd accused” respectively) were jointly charged before Kisumu Chief Magistrate's court with one count of robbery with violence contrary to Section 296 (2) of the Penal Code.
The 1st accused faced a second count of rape contrary to Section 3 of the Sexual Offences Act No 3 of 2006, Laws of Kenya. The appellant and the two accused persons were convicted on the first count and sentenced to suffer death. The 1st accused person was also convicted on the second count of rape and was sentenced to twenty (20) years imprisonment. That sentence was however held in abeyance.
They each appealed to the High Court (Ali-Aroni and Chemitei JJ.) but their appeals against conviction were dismissed. The learned Judges of the High Court however, interfered with the sentence imposed upon them on the first count. The sentence of death was accor…