JUDGMENT
The appellant, Patrick Siboi Amuchama, was convicted and sentenced to death by the Senior Resident Magistrate at Maseno for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. This was the first count in a series of three counts. The second and third counts related to the offences of defilement and assault respectively but the appellant was acquitted in respect thereof.
The particulars in count one were that, on the 13th January 2007 at E Village Vihiga District Western Province, jointly with others not before court robbed W.A of cash Kshs. 4,000/= and at or immediately before or immediately after the time of such robbery wounded the said Washington Amachi.
Being dissatisfied with the conviction and sentence, the appellant preferred the present appeal on the basis of the grounds contained in his petition or memorandum of appeal.
The grounds are essentially an attack on the prosecution evidence of identification and the failure by the prosecution t…