EDWIN CHAGALI MUSIEGA V. REPUBLIC

JUDGMENT OF THE COURT

In convicting the appellant for the offence of robbery with violence contrary to section 296(2) of the Penal Code the learned trial magistrate found that although the offence was committed at night the appellant was positively identified as a member of the gang that robbed the two complainants, Samuel Kagwi Ngure and Peter Kimani Wanjugu on the 4th December, 2007.

The appellants’ first appealed to the High Court was dismissed by the learned Judges (Odero and Muya, JJ.) holding that the identification of the appellant and his confederates was with the aid of electricity light from a nearby B.P. Shell Petrol station;

that each of the complainants consistently related the events of the night and described the roles played by each of the attackers with precision; that the robbery took several minutes with the robbers being in close proximity to their victims; that the appellant did not disguise his face; that there was no obstruction between the robbers and the complain…