JAMES LOKOYEN ETIBOR ,BENARD KIPKORIR CHERUIYOT & JOHN MWANGI ALIAS SAMMY DOO V. REPUBLIC

JUDGMENT OF THE COURT

[1] The three appellants were convicted by the Principal Magistrate Kitale of the offence of robbery with violence contrary to Section 296(2) of the Penal Code and sentenced to death. All the appellants appealed to the High Court against conviction and sentence. The three appeals were consolidated and heard by J. R. Karanja and E. Obaga, JJ who dismissed the consolidated appeals on 19^th November, 2013.

[2] All the appellants filed a notice of appeal against the judgment of the High Court. By Rule 59(1) of the Court of Appeal Rules, a notice of appeal constitutes an appeal. The three notices of appeal were registered as one consolidated Criminal Appeal No. 10 of 2017.

[3] The 1^st appellant herein was the 1^st accused at the trial. The 3^rd appellant John Mwangi alias Sammy Doo was the 2^nd accused and the 2^nd appellant Bernard Kipkorir Cheruiyot was the 3^rd accused while one Robert Matanda Khisa was the 4^th accused (co- accused).

The particulars of the offence alleged th…