CYPRIANO MURORI V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal by Cypriano Murori, the appellant, against his conviction and sentence for the offence of attempted robbery with violence contrary to section 297(2) of the Penal Code. The appellant's conviction was based on his identification at night by two witnesses with the aid of torch light. In the appeal, the only point of law raised is the correctness of the appellant's identification.

Vincent Kithinji (PW1), the complainant, and a businessman at Gaitu Market in Meru, was on the night of 18th and 19th April, 1993, asleep with his wife, Susan Nduru (PW2), in their single roomed house, when at 2 a.m they were surprised by a loud bang at the door. The door gave way and immediately thereafter several torches were flashed at the complainant, apparently through the open door. The complainant was not able to know how many people were flashing torches at him. He was however sure they were more than one.

One of those people whom he later identified as the appe…