JUDGMENT OF THE COURT
[1] Moses Ouma Obare alias Musa and Nicholas Ouma Owelle Agol alias Bongo (hereinafter referred to as the 1st and 2nd appellants), together with two (2) others, were charged with several offences of robbery with violence contrary to section 296(2) of the Penal Code, with corresponding alternative counts of handling stolen property contrary to section 322(2) of the Penal Code.
[2] Following the trial before the Senior Resident Magistrate’s Court at Bondo, both appellants were convicted of count three (3) of robbing Kennedy Okoth Ouma (Ouma) contrary to section 296(2) of the Penal Code. In addition, the 2nd appellant was convicted of counts 1, and 2 of robbing Charles Nyagaga Omindo (Charles) and Erick Omondi Ng’or (Erick) respectively, contrary to section 296(2) of the Penal Code. The appellants were each sentenced to suffer death.
[3] Being aggrieved by their conviction and sentences, each appellant lodged an appeal before the High Court. Their appeals were consolid…