NICODEMUS MWITA & ANOTHER V. REPUBLIC

JUDGMENT OF THE COURT

NICODEMUS MWITA and ZACHARY KITHINJI, the appellants in these consolidated appeals, were convicted by the Senior Resident Magistrate, Meru, on two counts of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death. Their first appeals to the High Court of Kenya at Meru (Lenaola and Sitati, JJ) were dismissed on 23^rd November, 2006 and hence these second and final appeals which are grounded on a total of ten grounds of appeal which were vigorously and persuasively argued on their behalf by Mrs. Ntarangwi, their learned counsel.

However, upon our consideration of all the grounds of appeal and the submissions made before us by both Mrs. Ntarangwi and Mr. Orinda, the learned Principal State Counsel, we think that the sole issue in the appeals is whether the two appellants were positively identified as members of the gang which carried out the twin robberies at Kaongo market in Meru District during the nights of the 5^th February, 1999 an…