JUDGMENT
The appellants, Mark Ongoro Okong’o and Alphacsar Nguka Ochieng were jointly charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The information against them stated that on the 13th day of January, 2014 at Nyamonye village, Karading sub-location in Riana division of Ndhiwa District within Homa Bay County, they murdered Swineton Otieno Oyugi.
The case against the appellants was heard before Majanja J. He was however, transferred before he could complete the judgment, and it was written by Omondi J (as she then was). In the judgment dated February 6, 2017, the court found the appellants guilty as charged. The learned Judge found that the prosecution evidence proved the case against the appellants beyond reasonable doubt, and dismissed their respective defences as a sham. Both appellants were sentenced to death, the penalty prescribed under section 204 of the Penal Code.
Aggrieved by both their conviction and sentence, the appellan…