DAVID KIARIE KAMAU V. REPUBLIC

JUDGEMENT OF THE COURT

DAVID KIARIE KAMAU, the appellant herein, was convicted by Nairobi Chief Magistrate (B. Olao) on three counts: robbery with violence contrary to section 296 (2) of the Penal Code; being in possession of a firearm without a firearm certificate contrary to section 4(2) (a) of the Firearms Act; and being in possession of ammunition without a firearm certificate contrary to section 4 (2) (a) as read with section 3(a) of the Firearms Act. Upon his conviction he was sentenced to death, the only lawful sentence under the first count, but the sentences on the other counts remained in abeyance. Being dissatisfied with that judgment, he appealed to the superior court (Lesiit and Ochieng, JJ) on the grounds that his identification was made in difficult conditions and was unreliable; the evidence relied on was contradictory; the charge was defective; and that his defence was rejected without any cogent reason. The superior court however dismissed the appeal on all the issues…