SAMUEL ODHIAMBO OWINO & 2 OTHERS V. REPUBLIC

JUDGMENT OF THE COURT

SAMUEL ODHIAMBO OWINO, MICHAEL ODUOR RADODI and SAMUEL OTIENO WERE [hereinafter referred to as 1^st, 2^nd and 3^rd appellants] respectively, were charged before the Principal Magistrate’s Court at Siaya with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The 2^nd and 3^rd appellants also faced a second count of handling stolen goods contrary to Section 322 (2) of the Penal Code. After trial, they were convicted of the main count and sentenced to death. Their appeal against the conviction and sentence before the High Court was also dismissed.

This is a second appeal and by dint of the provisions of Section 361 (a) of the Criminal Procedure Code, only matters of law can come up for our consideration.

We will recapitulate albeit in a summary form the evidence before the trial court so as to put this judgment into perspective. On the night of 14^th July, 2007, within Karapul sub location, Siaya District, Nyanza Province, the house of PATRI…