MARTIN BERA ALIAS SICHAKA,MAURICE KIMINGWA NABANA & PAUL KIPROP V. REPUBLIC

JUDGMENT OF THE COURT

This appeal raises one legal issue of whether the appellants were positively identified as the perpetrators of the offence of robbery with violence that took place at [Particulars Withheld] in Mt. Elgon Area on the night of 30^th June, 2004. The three appellants, Martin Bera alias Sichaka, Maurice Kimingwa Nabana and Paul Kiprop were arraigned before the Principal magistrate, Bungoma with the offence of robbery with violence and a second count of rape.

The appellants pleaded not guilty and after trial that comprised evidence of than three witnesses, they were all found guilty and convicted of the charge of robbery with violence. Upon conviction, they were sentenced to death. Their appeal before the High Court was unsuccessful. Onyancha and Muchemi, JJ. were in concurrence with the learned trial magistrate that the two complainants were able to identify the appellants through recognition.

The three appellants have filed separate grounds of appeal. However the only iss…