JUDGMENT OF THE COURT
[1] The three appellants and one John Otieno Adero were jointly tried and convicted by the Principle Magistrate’s Court at Siaya for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. They were each sentenced to death. Being aggrieved the three appellants appealed to the High Court against their conviction and sentence.
[2] Upon hearing the appeals the learned judges of the High Court (Mwera and Warsame, JJ) as they then were dismissed the appeals finding that the evidence adduced against the appellants was consistent and cogent, and that each of appellants was properly identified as having taken part in the robbery. The three appellants were dissatisfied by the dismissal of the appeal. They therefore each filed a second appeal to this Court.
[3] When the appeals which were consolidated came up for hearing Ms Namusubo Pamella Janet who appeared for all the appellants abandoned all the previous grounds of appeal that had been filed an…