JUDGMENT OF THE COURT
1. STEPHEN SIFUNA KWATA (the 1st appellant) and GODFREY JUMA MUKARA (the 2nd appellant) were, upon trial on a charge of robbery with violence contrary to Section 296(2) of the Penal Code, convicted and sentenced to death.
2. The particulars of the charge were that during the night of 11th June 2009 at Mwanda Village of Bungoma South District (now Bungoma County) jointly while armed with a dangerous weapon namely an axe, the appellants robbed Isaac Wekesa Mbwonya of one TVS STAR motor cycle engine No. OF5K81470472 valued at Kshs.90,000/= and at or immediately before or immediately after that robbery they applied actual violence to the said Isaac Wekesa Mbwonya (the complainant).
3. The prosecution case was that the complainant used to operate a motorcycle transport business popularly known as “bodaboda” in Bungoma Town. On the material date at about 8.00 pm, while the complainant was at Lady Irene area in Bungoma Town, the appellants approached and requested him to t…