PAUL OWUOR NDEDE & SAMSON OMONDI ONGOU V. REPUBLIC

JUDGEMENT OF THE COURT

The appellants, Paul Owuor Ndede (1^st appellant) and Samson Omondi Ongou (2^nd appellant), faced one charge of robbery with violence contrary to section 296 (2) of the Penal Code, the particulars of which were that on the 3^rd day of May, 2004 at Kokwanyo location in Rachuonyo District within Nyanza Province, the appellants, while armed with dangerous or offensive weapons namely pangas and rungus robbed Elisha Okumu Omolo of his Kshs.18,200/=. They pleaded not guilty, but after full hearing in which six prosecution witnesses testified and the appellants also made unsworn statements in their defence, they were convicted as charged and sentenced to death. They appealed to the High Court (Makhandia J, as he then was, and Sitati, J.) but their appeal was dismissed and hence this second appeal.

Brief facts of the case may be stated. On the material date (3^rd May, 2004) Elisha Okumu Omolo (PW1) (Omolo) and his wife Alice Atieno Okumu (PW3) (Alice) were asleep in their new…