JUDGMENT OF THE COURT
The two appeals herein which we consolidate and determine together arose from the judgment of the High Court (Njagi, J. and Warsame, J., as he then was) delivered on 2nd November, 2009. The learned Judges heard consolidated appeals of three people, the present 1st appellant, Martin Makungu, the 2nd appellant Hannington Ondiko Ogonji (and Charles Abongo Odiyo who is not an appellant here). The three and another, Moses Otieno Ogutu who was acquitted by the lower court, were charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code at Kibera Chief Magistrate’s Court. They also faced an alternative charge of handling stolen property contrary to Section 322 (2) of the Penal Code. After trial, the three appellants in the High Court were found guilty of the offence of robbery with violence, convicted and sentenced to suffer death. The appeal of Charles Abongo Odoyo was allowed by the High Court while appeals of the two appellants her…