JUDGMENT OF THE COURT
The appellants were upon trial before the Chief Magistrate at Kitale for the offence of robbery with violence, convicted and sentenced to death. Their appeals to the High Court having been dismissed, they have come to this Court on a second appeal.
The main complaints raised in the 8 grounds of the appellants’ supplementary memorandum of appeal is that the learned Judges of the High Court erred in sustaining their conviction based on their purported identification and recognition by a single witness and that their alibi defences were ignored.
Presenting the appeal before us, Mr. Akelo, learned counsel for the appellants, argued that had the High Court properly re-evaluated the evidence on record as it was obliged to do, it would have found that the evidence of the appellants’ identification and recognition by PW1 was flawed and totally unreliable. He said this was because the conditions at the scene of crime at the material time were not favourable for a positive id…