DOUGLAS OWIYE ONYANGO & ASSUMPTA S. KIVINDYO V. REPUBLIC

JUDGMENT OF THE COURT

1. Douglas Owiye Onyango (1^st appellant), and Assumpta Syuwai Kivindyo (2^nd appellant), were charged before the Chief Magistrate’s Court at Mombasa with one count of robbery with violence contrary to Section 296(2) of the Penal Code. They were said to have jointly robbed Victor Karanu (the deceased), of several items as enumerated in the charge sheet presented to the court on 30^th March, 2007, and immediately before or immediately after killed the deceased by strangulation.

2. Having denied the charge, the matter proceeded to full hearing with the prosecution calling a total of seven witnesses before closing its case. When placed onto their defence, both appellants opted to testify on oath and called no witnesses. After considering the evidence before the court and submissions by the prosecution and the appellants, the learned magistrate found both appellants guilty as charged, convicted them and sentenced them to suffer death in the manner prescribed by law.

3. Bei…