PETER KARIUKI KIBUE V. REPUBLIC

JUDGMENT OF THE COURT

Following his conviction and sentence after trial on two counts of robbery with violence, contrary to section 296(2) of the Penal Code, Peter Kariuki Kibue appealed to the superior court against the conviction and sentence. Upon dismissal of his appeal by the superior court (Osiemo and Ondeyo, JJ), he brought this appeal. Being a second appeal only issues of law fall for determination. The only point of law raised by the present appeal is whether the appellant was correctly identified as having been among the several people who are alleged to have violently robbed Dr. Charles Irungu (Irungu) and Damaris Wanjiru Waweru (Damaris) and whether exhibits allegedly found on him were correctly identified.

The robberies complained of took place on 26th November, 1996, at about 10.30 p.m. at the gate into Damaris's residence at Uthiru, in Nairobi. Irungu and Damaris were driving separate motor vehicles following each other and had stopped outside the said gate for the gate t…