JUDGMENT OF THE COURT
PETER NYONGESA WANYONYI, SAMUEL WAFULA WANYONYI and RICHARD WANYONYI NABENDE, the 1st, 2nd and 3rd appellants respectively, were jointly convicted of murder by Nambuye, J. on 19th November, 2002 and were each sentenced to death. According to the information filed by the Attorney General at the High Court of Kenya at Kitale, the three appellants on the night of 19th and 20th May, 1998, at Wehoya Farm, Waitaluk Location in Trans-Nzoia District of the Rift Valley Province , jointly murdered DAVID BUSOLO SIKATA , the deceased.
The 3rd appellant is the father of the 1st and 2nd appellants. In or about 1976 Mzee Herman Nabende , the father of the 3rd appellant sold his land in Wehoya Farm to Patrick Sikata , the father of the deceased. Mzee Herman then moved away from the land but left behind the 3rd appellant still residing on the land. It was understood that the 3rd appellant would follow Mzee Herman so soon as a house had been put up for him in their new abode. Howeve…