MARIO MANGWENI, ZADOCK WERE, DICKSON CHIRANDE & GEOFFREY MACHOMI V. REPUBLIC

JUDGMENT OF THE COURT

1. Upon trial for the offence of robbery with violence contrary to Section 296(2) of the Penal Code, the appellants were convicted and sentenced to death. Their appeals to the High Court having been dismissed, they have come to this Court on a second appeal.

2. In their memorandum of appeal, the appellants have raised more or less the same grounds of appeal which are that their identification was not positive; that the first appellate court failed to re-evaluate or properly re-evaluate the evidence on record; and that the learned Judges of the High Court shifted the burden of proof to them.

3. At the hearing, learned counsel Mr. Nyanga represented the 1^st and 3^rd appellants while learned counsel Mr. Indimuli appeared for the 2^nd and 4^th appellants.

4. In his submission before us, Mr. Nyanga argued that had the High Court properly re-evaluated the evidence on record, it would have found that the appellants were not properly identified as the people who robbed PW1. In …