JUDGMENT OF THE COURT
INTRODUCTION
1. The post-election violence that rocked this country, particularly in the then Rift Valley Province in 2008, was unparalleled. The case that gave rise to this appeal was as a result of one of those incidents of the post-election violence. Mosobin Sot Ngeiywa and Japheth Simiyu Wekesa, the 1st and 2nd appellants respectively, were convicted by the High Court of Kenya at Kitale, on four counts of murder. The appellants were sentenced to death. Being dissatisfied with the said conviction and sentence, the appellants preferred an appeal to this Court.
THE CHARGES
2. In all the four counts, the offences were said to have been committed on the morning of 16th January, 2008 at Kalaha Farm in Tranz-Nzoia West District, Rift Valley Province.
3. In the first count, the appellants, jointly with others not before court, were alleged to have murdered Gladys Nanjala, in the second one, they allegedly murdered Alex Simiyu, while in the third and fourth counts, they we…