JOHN BARASA KHISA & ANOR. V. REPUBLIC

JUDGMENT

1. This is a second appeal originating from the judgment of the Chief Magistrate’s court at Eldoret in which the appellants, John Barasa Khisa and Bernard Nyongesa Sirengo (1st and 2nd appellants), were tried and convicted of both the main offence of robbery with violence contrary to section 296(2) of the Penal Code, and the alternative charge of handling stolen goods contrary to section 322(2) of the Penal Code. They were each sentenced to death in regard to the robbery charge, and five years’ imprisonment in regard to the alternative charge.

2. Their appeals to the High Court (Azangalala & Mshila, JJ), were dismissed in regard to conviction but allowed in regard to sentence, and the sentence of death in regard to each appellant for the robbery charge was substituted with one of life imprisonment, and the sentence in regard to the handling charge for each appellant ordered to be held in abeyance.

3. In the appeal before us, the two appellants have each filed grounds of appeal. Mr. Angu …