PETER KIMANI KARIMA & STEPHEN MUHORO WAWERU V. REPUBLIC

JUDGMENT OF THE COURT

Following their conviction and sentence for the offence of robbery with violence contrary to Section 296(2) of the Penal Code by the Principal Magistrate’s Court at Naivasha, Peter Kimani Karima (1^st appellant) and Stephen Muhoro Waweru (2^nd appellant) appealed to the High Court against both conviction and sentence. Their first appeals were dismissed by that court and hence these second and possibly last appeals.

The appellants’ respective convictions were based on evidence of recognition at night time by two witnesses, R.W.M (PW1) and her sister M.W.G (PW2). The two witnesses lived at Mai Mahiu and shared a house. They testified that on the night of 8^th and 9^th June, 2001 at 2 am. robbers attacked them in their said house, forced the main door open, gained access into the house and confronted them while armed with a knife. They demanded money from PW2. Initially, there were no lights on but PW1 on hearing commotion put on the lights. PW2 testified that before the …