MOSES MOSETI OLOO & STEPHEN NYONGESA MAKOKHA V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellants were charged with two counts of robbery with violence contrary to section 296 (2) of the Penal Code. In the first count it was alleged that on 16^th June, 2005 at Kona Mbaya Junction, Matunda, along Eldoret - Kitale Highway jointly with others not before court , while armed with dangerous weapons, namely AK 47 and pistol, they robbed Richard Makhanu Waswa of his motor vehicle registration number KAT 022 F make Toyota Shark (matatu) and immediately before the time of that robbery they threatened to shoot the said person.

2. In the second count it was alleged that on the same date and place as in the first count and in similar circumstances the appellants robbed Moses Wasike Musapasi of K.Shs.4,000/= and immediately after the time of that robbery they shot the said person.

3. After a full trial the appellants were found guilty as charged, convicted and sentenced to death as by law provided. Their first appeal to the High Court was unsuccessful and so …