WILLIAM OCHIENG OTIENO ,DAVID OCHIENG OKELLO, MALCOM ODHIAMBO OWINO, ANDREW OTIENO OTEMA, NICHOLAS ONYANGO OMONDI & KENNEDY OMONDI OYUGI V. REPUBLIC

JUDGMENT OF THE COURT

The appellants and three others were charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code. The particulars of the charge against them alleged that on 26^th November 2006 at around 8.30 pm at Karuoth Village of the then Siaya District within Nyanza Province, they robbed Alloys Owino Odhiambo (the complainant) of Kes.35,000/= in cash and two mobile phones (a Nokia 1110 and a Siemens A35) all valued at Kes.50,000/=. It was further alleged that at or immediately before or immediately after that robbery they subjected the complainant to actual violence.

The appellants pleaded not guilty but after trial before the Principal Magistrate at Siaya, two of their confederates were acquitted but the appellants were convicted and sentenced to death. On appeal to the High Court, the appeal of one of their confederates was allowed but those of the appellants were dismissed thus provoking the present appeal.

The gravamen of the appellants’ ap…