<p class="ql-align-center">JUDGMENT</p><p class="ql-align-center">This is a second appeal and so only matters of law can be raised.</p><p>The appellant was convicted by the senior magistrate Kisii of the charge of robbery contrary to section 296(1) of the Penal Code. His appeal against conviction and sentence to the High Court (Schofield J) was dismissed. His grounds of appeal to this court may be summarized as follows: there were no eye witnesses to support the testimony of the other prosecution witnesses having stated that they arrived at the scene after the assailants had left. Abongo and Pamela Odhiambo from whose houses some exhibits were taken failed immediately to report the alleged robbery to the nearest police station,, that the empty cartridges were picked up at the scene after the event and that he, the appellant, was not found in possession of any of the exhibits and was not identified by the prosecution witness.</p><p>Addressing the court on his grounds of appeal, the appellant asked why Sergeant Onyango PW 2 did not take the gun from the app…</p>