KENNEDY KAVAI ABDALLAH V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal from the original conviction and sentence by Principal Magistrate J.R. Karanja Esquire. The appellant was, on 25th April, 1997, convicted of robbery with violence contrary to section 296 (2) of the Penal Co de and sentenced to death. His first appeal to the superior court was dismissed on 16th February, 1998. He stood convicted of four counts of robbery with violence.

The appeal to this Court was argued primarily on the grounds that the identification of the appellant as one of the robbers was not satisfactory. Mr. Obura who appeared for the appellant urged that in the circumstances of the robbery the identification of the appellant could have been difficult. He said that when a group of people invaded a quiet supper party and bundled the diners into a room, identification of a particular person could well be mistaken; he also argued that identification of one individual by witnesses who are in a state of panic caused by the `invasion' would…