JUDGMENT OF THE COURT
1.The appellants were jointly charged with robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the offence were that on 19th June, 2008 at Mayure Village, Lukume Sub-Location in Kakamega North District with others not before court, while armed with crude weapons robbed Elphas Wasike of cash K.Shs.20,000/=, half bag of beans, four jembes and assorted clothes, all valued at K.Shs.35,000/= and at or imediately before or immediately after the time of such robbery used actual violence to the said person.
2. The appellants were tried, convicted and sentenced to death as by law prescribed. Their first appeal to the High Court was unsuccessful. The High Court held that the appellants were well known to the complainant and were therefore recognised because there were favourable circumstances for a positive identification. Undeterred, the appellants preferred a second appeal to this Court.
3.This being a second appeal, section 361 of the Cr…