NJIRU BENSON & ELIAS NKONGE V. REPUBLIC

JUDGMENT OF THE COURT

The main theme which runs through this second appeal is that of identification both visual and voice. Njiru Benson ( hereinafter the 1^st appellant) and Elias Nkonge ( hereinafter the 2^nd appellant), were charged, tried and convicted for robbery with violence contrary to Section 296 ( 2) of the Penal Code by the Principal Magistrate at Chuka in that on the 25^th day of May, 2002 at Ndunguri Market, Ndunguri Sub-Location, Ganga Location of Meru South District within the then Eastern Province, jointly with others not before Court, while armed with offensive weapons namely; Pangas, Axes and Rungus, they robbed Obed Ndubi of Ksh 71, 000 (cash), 50 packets of Sportsman’s cigarettes, 2 dozens of Eveready batteries valued at Ksh 4, 400, a total of Ksh 75, 400.

They pleaded not guilty to the charge before the trial court, paving way for a trial in which the prosecution called seven witnesses. It was the prosecution’s case that on 24^th May, 2002 between 7 p.m. and 7.30p.m., t…