JACKSON KYALO MUNGE V. REPUBLIC

JUDGMENT OF THE COURT

Following his conviction and sentence upon trial by the Senior Resident Magistrate, Machakos, for the offence of robbery with violence contrary to section 296 (2) of the Penal Code, Jackson Kyalo Munge, the appellant, preferred an appeal against the conviction and sentence to the High Court of Kenya at Machakos (Ojwang’ and Sitati, JJ.) and after that court heard his appeal, it dismissed it on 18^th May 2007 on the basis; first that, the appellant had been positively identified by witnesses as among the persons who were driving away some head of cattle which had been stolen from Joseph Nzioka Kaumbu, the deceased, who was killed during the robbery; and secondly, that the appellant had made a Statement – under - Inquiry which was admitted by the trial court and in which the appellant admitted having planned and executed the theft of the animals. The appellant was aggrieved and hence this second and final appeal.

Several grounds of appeal have been preferred, but, whe…