JUDGMENT
July 21, 1981, the following Judgment of the Court was delivered.
On 18th July, 1977 at about 9.10 a.m a gang of four men entered a shop called Sunlight Watch Co in Tubman Road, Nairobi belonging to Nassir Sheikh. One produced a gun, another a panga. Ordering the proprietor, his assistant and a customer to lie down they removed 163 watches from a glass show-case and ran out of the shop to a waiting car. The proprietor was kicked as he lay on the floor, the assistant was struck on the head with a gun-butt and the customer was shot in the shoulder when he tried to prevent the escape of the man with the gun. At 11.30 a.m Insp Mbuthia lifted 18 finger and palm prints which he described as fresh including one which was found on top of the show-case. A year later the appellant having been arrested in connection with another offence had his finger and palmprints taken and as a result of comparison of these with the print lifted from the top of the show-case he was charged with robbing…