TOBIAS OWINO OKELLO,GEORGE OWINO OKELLO & PETER OLENGO NANDI V. REPUBLIC

JUDGMENT OF THE COURT

1. Tobias Owino Okello, George Owino Okello and Peter Olengo Nandi, the appellants herein, have preferred this second appeal challenging their conviction and sentence for the offence of robbery with violence contrary to section 296 (2) of the Penal Code. Our role as a second appellate court was succinctly stated in Karani v. R [2010] 1 KLR 73 wherein this Court expressed itself as follows:

“This is a second appeal. By dint of the provisions of section 361 of the Criminal Procedure Code, we are enjoined to consider only matters of law. We cannot interfere with the decision of the superior court on facts unless it is demonstrated that the trial court and the first appellate court considered matters they ought not to have considered or that they failed to consider matters they should have considered or that looking at the evidence as a whole they were plainly wrong in their decision, in which case such omission or commission would be treated as matters of law.”

2. The …