JUDGMENT OF THE COURT
At about 10.00 pm on 29th August 2004, a gang of 10 to 12 thugs attacked four homesteads in Shirulu Village in the then Kakamega District of Western Province. They injured and robbed some of the owners of those homesteads. Reports were made to the area Assistant Chief and police.
After investigations, the two appellants herein were arrested and charged with three counts of robbery with violence contrary to section 296(2) of the Penal Code and three others of assault causing actual bodily harm contrary to section 251 of the Penal Code.
After trial before the Senior Resident Magistrate at Kakamega, they were convicted and sentenced to death on the first count of robbery with sentence while the sentence on the other two counts was left in abeyance. On the assault charges they were sentenced to three years imprisonment on each count. Those imprisonment sentences were ordered to run concurrently. The appellants’ appeals to the High Court were dismissed thus provoking thi…