JUDGMENT OF THE COURT
TITUS BREWER OTIENO and FRANCIS OTIENO OTIENO, the appellants, were convicted of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to death. According to the Information filed by the Attorney-General the two appellants and Vincent Ouma Otieno and Sisha Omondi Omollo on the 2nd day of September, 2003 at Lumumba Estate within Kisumu City in Kisumu District of the Nyanza Province, jointly with others not before court murdered Steve Omondi Kwaya, the deceased. The Attorney-General however, entered Nolle Prosequi in respect of Vincent Ouma and Sisha Omondi Omollo before the hearing.
The somewhat protracted trial was held with the aid of assessors and upon its conclusion the appellants were convicted in a judgment which Mr. Onsongo advocate for the appellants has attacked on the ground that it does not comply with the mandatory requirements of section 169(1) of the Criminal Procedure Code.
The learned trial Judge in his judgment merel…