PAUL KARANJA NJOROGE V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal from the judgment of the Senior Resident Magistrate at Nakuru, C. M. Rinjeu, in which he convicted the appellant, Paul Karanja Njoroge, after a trial, of seven counts of robbery with violence contrary to S.296(2) of the Penal Code. his first appeal to the High Court was dismissed in its entirety on 22nd November, 1996, by a bench of two Judges comprising of D. M. Rimita and S. C. Ondeyo. In both his first appeal and this appeal, the appellant has raised the question of the correctness of his identification as one of the people who committed the seven robberies complained about. Before we deal with that issue we propose to set out, in summary, the background facts.

On 15th May, 1991 at about 7.30 p.m. Fredrick Maina Mbogo (P.W.7), a Nakuru businessman, was in a place called Free Area, in Nakuru, with his driver, one Paul Kimani Mutitu (P.W.9). They travelled there in motor vehicle registration No. KYR 365, a Mitsubishi pick up which was owned…