IN THE COURT OF APPEAL
AT MOMBASA
JUDGMENT
Roy Richard Elirema, the 1st appellant, and Vincent Joseph Kessy, the 2nd appellant were tried and convicted on four counts of robbery with violence contrary to section 296(2) of the Penal Code by a senior resident magistrate at Voi and upon their conviction each of them was sentenced to suffer death in the manner authorized by the law. They then appealed against their conviction and sentence to the High Court at Mombasa but by its judgment dated and delivered on 6th November, 2001, the High Court (Waki J as he then was and Mrs Tutui, Commissioner of Assize) their appeals were rejected. The appellants now appeal to this Court for the second time.
When their appeals opened before us, their counsel Mr Bryant, simply confined himself to two basic grounds which really do not go into the merits or demerits of the evidence which was produced by the prosecution against the appellants. Those grounds, contained in what was’ designated as “Second Supplemen…