HENRY KIMATHI V. REPUBLIC

JUDGMENT OF THE COURT

Henry Kimathi, the appellant herein, appeals to this Court for the second time, his first appeal to the High Court having been dismissed by that court (Juma and Tuiyot, JJ.). This being a second appeal, only matters of law can arise. Mr. Mahan, learned counsel for the appellant, raised several matters, which he said, raised issues of law but we really do not think most of those matters can take the appellant anywhere. With respect to Mr. Mahan, we are not aware of any legal requirement that where the complainants are a husband and wife, their evidence requires corroboration from an independent person. Mr. Mahan was unable to show us any authority for that proposition. Nor can the contention by Mr. Mahan that threat to use violence in a charge of robbery does not and cannot prove a robbery charge. The offence of robbery is generally defined in Section 295 of the Penal Code and there it is simply stated:-

“Any person who steals anything, and, at or immediately before…