JOHN KAMAU WAMATU & ANOTHER V. REPUBLIC

JUDGMENT OF THE COURT

Following their conviction and sentence on two counts of the offence of robbery with violence contrary to section 296(2) of the Penal Code John Kamau Wamatu and David Muriuki Karobia, the 1^st and 2^nd appellant respectively, appealed against conviction and sentence to the superior court. That court (Kasango and Makhandia JJ.) dismissed their respective appeals and thus provoked the appeals before us. Three main grounds have been raised as can be discerned from home made memoranda of appeal and supplementary memoranda of appeal. These are: (1) Identification evidence was not sufficient to show the appellants committed the offence. (2) The first appellate court did not analyse and re-evaluate the evidence as required of it. (3) The appellants’ respective alibi defences were not sufficiently considered. The robberies complained of were committed on 12^th June 2004, at Nyeri Glass Mart at about 12 noon. Three men armed with, among other weapons, a pistol, walked into th…