JUDGMENT
Evans Ongochi Odongo, the 1st appellant, and Charles Onyango, the 2nd appellant, together with one Edward Kenyatta Owuor, Edward, were jointly charged and tried before the Senior Resident Magistrate of Kisumu on a charge of robbery with violence contrary to section 296 (2) of the Penal Code. Edward was acquitted under section 210 Criminal Procedure Code as the learned trial magistrate found no sufficient evidence to place him on his defence. The two appellants were after the full trial, found guilty and convicted as charged. Each was sentenced to death as is the mandatory provision of the law under which they were charged. They appealed to the High Court against their conviction. That Court (Schofield and Gicheru JJ – as they were ) heard their appeals on 26th May 1987 and in a reserved judgment dated 1st July, 1987, their appeals were dismissed. The appellants now appeal to this Court a second time and that being so, only matters of law fall for our consideration.
Both courts …