Syriacus Onyango Opera & 2 others & Republic

JUDGMENT OF THE COURT

The three appellants, SYRIACUS ONYANGO OPERA (1^st appellant) SELETSE OTURI LINYONYI (2^nd appellant) and RAMADHAN JUMA ABDALLA (3^rd appellant) were convicted by the Senior Resident Magistrate at Kibera (Ms. Muchira) of the offence of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death. Their appeal to the superior court was dismissed hence this second appeal.

The facts as accepted by the two courts below appear fairly simple and straightforward. The complainant, Steven Mathenge Githogonde (PW1) had been employed by David Muriithi Karuga (PW2) to drive Karuga’s taxi registration No. KYY 116, Mitsubishi. On 16^th November, 2003 at about 10:00 p.m. at Kangemi, the complainant was approached by the 3^rd appellant to drive him to Kangemi Gichaga whereupon the complainant charged him (3^rd appellant) K.Shs. 100/= for the trip. When the two (the complainant and 3^rd appellant) approached Kangemi Gichaga with the 3^rd appellant seated at the…