JUDGMENT OF THE COURT
On 29th November, 2011, the High Court, Mwilu, J. (as she then was) convicted John Ouma Awino (Ouma) and Samuel Otieno Agot (Otieno) for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. It had been alleged in the Information filed by the Attorney General that on the 20th day of April, 2007 at Soweto Village in Kayole, Nairobi, they jointly murdered Quantine Mutua Musuvali (the deceased). Upon their conviction they were sentenced to suffer the death penalty. They were aggrieved by both the conviction and sentence, hence the appeal now before us.
In this appeal Ouma is represented by learned counsel Mr. F. M. Njanja, Otieno is represented by learned counsel Mr. Vincent Nyangayo, and the Republic is represented by learned Assistant Director of Public Prosecutions (ADPP) Ms. Mary Oundo.
As this is a first appeal, it is our duty to subject the evidence on record to a fresh evaluation in order to reach our own conclusions but alwa…