JAMES MUNENE KANYI V. REPUBLIC

JUDGMENT OF THE COURT

In the trial court the appellant James Munene Kanyi was charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. He was convicted as charged and sentenced to death.He filed the first appeal in the superior court against conviction and sentence but the appeal was dismissed hence the second appeal to this Court. In a homemade amended Memorandum of Appeal which the court accepted as a supplementary Memorandum of Appeal at the hearing, the appellant raised the following grounds:

“1. That the (sic) High Court made an error in both law and facts by failing to (sic) put into account that as the identification, parade was conducted three weeks after the arrest whereas (sic) I the appellant had by then appeared in court and (sic) possibly of having been seen by the identifying witnesses highly existed.

2. That the High Court made a crucial error by (sic) withholding that the identification parade was conducted, in accordance with the …