JUDGMENT OF THE COURT
The appellant was convicted by the Resident Magistrate’s Court of robbery, contrary to section 296(1) of the Penal Code, on a charge consisting of two counts affecting two victims in the same incident. His appeal to the High Court, Kisumu, was dismissed.
The grounds of appeal in this second appeal are as follows:
(1) the High Court judge erred in law in not finding that the trial magistrate had misdirected himself on the onus of proof;
(2) the High Court judge erred in law in not giving the benefit of the doubt whether or not the prosecution had discharged the burden of disproving the appellant’s alibi in view of the magistrate’s finding that it was difficult to find flaw in the appellant’s alibi;
(3) the High Court judge misdirected himself in law in not holding that the identification parade was not held according to the Judges’ Rules regarding the conducting of such parades;
(4) the High Court judge erred in law in not finding that the trial magistrate erred in …