M'MURUNGI V. REPUBLIC

The appellants Moses Gichingiri and Peter M’Murungi were convicted on May 30, 1980 of robbing with violence contrary to section 296 (1) of the Penal Code, and each sentenced to 5 years imprisonment, together with strokes of corporal punishment or a police supervision order.

The main question at the trial was the identity of the Appellants. In the case of the appellant Moses, he was recognised by the complainant Mrs Rahab Wanjiru Kibiku, and her squatter Joseph Mungai. In the case of the Appellant Peter, he was recognised by the complainant, but Joseph was not certain if he had seen this Appellant. Unfortunately the complainant’s servant Simon Wambugu, who has not known either appellant previously, did not say whether or not he could identify them. There was no other evidence, apart from the difficult circumstances in which the Appellants were allegedly seen during the raid.

On first appeal, the High Court summarily dismissed the appeals of each appellant. Both insisted for several reaso…