JOHN MUNENE V. REPUBLIC

JUDGMENT OF THE COURT

JOHN MUNENE, the appellant herein, was tried and convicted of robbery with violence contrary to section 296(2) of the Penal Code by the Principal Magistrate (J.S. Mushele, Esq.) at Nyeri and upon that conviction was sentenced to suffer death in the manner authorized by the law. He appealed to the High Court at Nyeri but by its judgment dated and delivered on 19^th October, 1999 the High Court (Juma and Mulwa, JJ) dismissed his appeal. The appellant now appeals to this Court by way of a second and final appeal.

When the appeal came up for hearing before us on 9^th May, 2005, the learned counsel for the appellant Mr. Gacheche wa Miano submitted that the evidence of identification was not conclusive as the incident is alleged to have taken place at night after 9.30 p.m. He went on to submit that the learned Judges of the superior court did not subject the issue of identification to fresh scrutiny. On the issue of a pair of shoes which the complainant identified to be hi…