JUDGMENT
The appellants, Isaac Onyango Mugoma and Joshua Otieno Kasina, were jointly tried with the aid of assessors on an information charging them with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars contained in the charge were that on the night of 5th and 6th May, 1999, at Arambe Sub-Location in Migori District within Nyanza Province, jointly with others not before court murdered Patrick Ogonya Ambwere, hereinafter referred to as “the deceased”. At the conclusion of the trial the assessors were of the unanimous view that the appellants were guilty of manslaughter. However, the learned Judge Wambilyangah J differed with them, found the appellants guilty of murder as charged and sentenced each of them to death. The appellants now appeal to this court against both the conviction and sentence.
Their memorandum of appeal contains in all two grounds which we list below:
1. That the learned trial judge erred in law and fact by allowi…