<p class="ql-align-justify">1. There was misdirection as to the identify of the 2nd appellant hence the learned judge on the first appeal should have considered the aspect of the case because it meant the 2nd appellants identification was by a single witness bringing in the necessity for a direction order<em> Abdalla Bin Wendo v. Republic</em> [1953] 20 E A C A 166 and<em> Roria v. Republic</em> [1967] E A 583.</p><p class="ql-align-justify">2. Identification inevitably raises a matter of law whether the evidence supported the conviction hence it is not generally a matter suitable for summary rejection.</p><p class="ql-align-justify"><em>Appeal allowed summary rejection set aside and rehearing of the first appeal ordered.</em></p><p class="ql-align-justify">September 25, 1985, Hancox, Nyarangi JJA and Platt Ag JA delivered the following Judgment. 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.</p><p class="ql-align-justify">The main question…</p>