JUDGMENT
The appellant, Kimotho Kiarie, was charged before the Senior Resident Magistrate Nairobi with robbery with violence contrary to section 296(1) of the Penal Code (cap 63). He pleaded not guilty and was later tried, convicted and, on March 18, 1982, sentenced to 5 years’ imprisonment plus 3 strokes corporal punishment and ordered thereafter to be subjected to police supervision for 5 years. His appeal to the High Court (Cockar J) against conviction and sentence was dismissed. He appeals to this court against conviction on the grounds that :
1. The learned judge erred in law in not considering sufficiently the first ground of appeal before him.
2. Further, or in the alternative, the learned judge erred in law in holding that the evidence before the trial court as to identification of the accused was beyond reasonable doubt adequate to support a conviction of the appellant.
3. The learned judge erred in law in his consideration of the defence of alibi and the manner of disproving it …