PAUL ETOLE & REUBEN OMBIMA V. REPUBLIC

JUDGMENT OF THE COURT

On 23 June 1998 at the Senior Resident Magistrate's Court at Vihiga, the appellants Paul Etole, the first appellant herein (the second accused at the trial) and Reuben Ombima, the second appellant herein (the first accused at the trial) were convicted of Robbery with Violence contrary to section 296 (2) of the Penal Code and sentenced to the mandatory sentence of death. They both appealed against conviction to the superior court which on 5 May 1999 dismissed their appeals. They now appeal to this Court against their convictions.

By an order of the superior court of 22 April 1999 their appeals were consolidated.

The facts of the case are simple. The complainant having closed his shop was carrying the money of his employer in a nylon bag. A group of about six people armed with pangas and rungus emerged from a bush and attacked him. He was injured and the assailants took away K.Shs.18,000/= which he had and one packet of milk and one loaf of bread. It was about 9:00 p.…