NICODEMUS OWUOR V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal by Nicodemus Owuor Lala , the appellant, against his conviction and sentence on two counts of robbery with violence, contrary to section 296 (2) of the Penal Code . Being a second appeal, our jurisdiction is confined to issues of law. The only issue of law raised in the appeal is whether the appellant was correctly identified as having been one of the two people who are alleged to have violently robbed Colin Speight (PW1) and Steven Windels (PW2) both of them US nationals, on the night of 1st and 2nd February, 1995, at Kenyatta University.

The robberies occurred at about 7.30 p.m. Both the complainants and three others were inside a house which they referred to as Uganda Hall, when at about 7.30 p.m. they heard a knock on the door. One of them opened the door.Immediately two men armed with knives stormed into the house brandishing those knives. They ordered occupants to lie down under the pain of death if they failed to do so. The gangsters …