JAMAAL OMAR HUSSEIN V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant was charged, tried and convicted for the offence of robbery with violence contrary to section 296(2) of the Penal Code before the Principal Magistrate court at Garissa. Particulars of the charge were that on 9th July, 2011 at Dagahaly market, Daadab District in Garissa County, the appellant together with two others while armed with a panga, violently robbed the complainant, Abdifatah Amin Hassan of a mobile phone, a wallet containing personal documents and cash Ksh.500.

2. The first appeal against conviction and sentence was dismissed on 22nd November, 2013 by the High Court (Mutuku and Korir, JJ.) provoking this appeal on grounds that the first appellate court erred by:

i. finding that the identification of the appellant was positive without the possibility of any error;

ii. finding that Section 151 of the Criminal Code was not violated by the failure of the trial court to swear PW1 afresh or remind him that he was under oath.

iii. failing to re-exam…