JUDGMENT OF THE COURT
The appellants, Steven Ochieng Ochiro Odhiambo and Morris Otieno Roy were convicted by the Principal Magistrates Court at Mavoko of 6 counts of robbery with violence “contrary to section 295 as read with 296(2) of the Penal Code” and sentenced to death. The High Court at Machakos (Kemei, J.) dismissed their first appeal on 16th October 2018 and now they are before us in their second appeal.
The charge sheet stated in count 1 that on the night of 5th and 6th February 2015 at Syokimau Estate in Athi Rver Sub County, Machakos County, jointly with others not before the court and while armed with dangerous weapons, namely, rifles and pistols, the appellants robbed Simon Kiprotich Rugut of a Samsung mobile phone No. 354330056326310, a Compaq lap-top, a digital camera, two rechargeable touches, a DSTV decoder, ignition keys, an LG radio, fridge guard and Kshs 44,350 in cash, all valued at Kshs 300,000 and immediately after the robbery threatened to use actual violence on …