JUDGMENT OF THE COURT
This is a second appeal against both conviction and sentence.
KENNETH OTIENO ODHIAMBO, the 1st appellant and GEOFREY OMONDI OMWARE, the 2nd appellant, respectively, were convicted by the Principal Magistrate, Kisumu, on four counts of robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to death. Their appeals to the High Court of Kenya at Kisumu were dismissed on 24th April, 2007 by Mwera and Warsame, JJ and hence this appeal.
The prosecution through 19 witnesses presented the following facts to the trial court. On 23rd December, 2003 at about 8.30 p.m. a bus registration No. KAR 898M belonging to Global Alliance Group (EA) Ltd. left Nairobi for Kisumu with 51 passengers. Just before reaching Ahero town along Nairobi – Kisumu highway, a gang of about seven robbers which had masqueraded as passengers seized the bus at gun point and diverted it to an isolated location between Yala and Luanda towns. The bus was driven for about three hours…