DONALD MAJIWA ACHILWA, DAVID TIEMA ODANGA & STEPHEN SHEM SHITUBI V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal by Donald Majiwa Achilwa (1^st appellant), David Tiema Odanga (2^nd appellant) and Stephen Shem Shitubi (3^rd appellant) against their conviction and sentence by the Senior Resident Magistrate Molo, for the offence of robbery contrary to section 296 (2) of the Penal Code. Being a second appeal only issues of law fall for consideration by dint of the provisions of section 361 of the Criminal Procedure Code. Although the 1^st appellant was convicted of a second count of rape, in his home made memorandum of appeal he has not said anything about it. Be that as it may, we will consider the case as a whole.

Mr. Akang’o who appeared for the appellants informed us from the bar that he had condensed the appellants’ respective grounds of appeal into four broad grounds. These are:-

1. The evidence of identification having been by a single witness in difficult circumstances the trial and first appellate courts erred in basing a conviction on such evidence wh…