ISMAEL WANYAMA MULONGO & TITUS SIKUKU OTANGA V. REPUBLIC

JUDGMENT OF THE COURT

The first appellant and the second appellant were the first and second accused respectively at the trial. They were jointly charged with three others, who were acquitted with two counts of robbery with violence contrary to Section 296 (2) of the Penal Code. In the first count they were alleged to have robbed Simon Musungu Mukanda (Simon) at Nangeni market, Bungoma of cash Kshs.8,700/=, a bicycle and assorted shop goods all valued at Kshs.17,100/= on 14^th May, 2006. In the second count, they were alleged to have robbed Robert Khaemba Buchunju (Robert) of shop goods worth Shs.37,000/= at the same market and on the same day. The appellants pleaded not guilty to the two charges but after trial they were convicted as charged in the first count and sentenced to death but on the second count they were convicted of the lesser offence of shop breaking and stealing contrary to Section 306 of the Penal Code and each sentenced to 4 years imprisonment. Their respective appeals…