SIRYA MASHA MWANGO'MBE & SALIM ABRAHAM LIWALI V. REPUBLIC

JUDGMENT OF THE COURT

On 13^th May 2010, the Chief Magistrate’s Court at Mombasa convicted the two appellants, Sirya Masha Mwang’ombe and Salim Abraham Liwali, of the offence of robbery with violence contrary to section 296(2) of the Penal Code and sentenced them to death. Their first appeal to the High Court (Odero and Muya, JJ.) was dismissed on 13^th November 2014. They now bring this second appeal before this Court, which by dint of section 361(1) of the Criminal Procedure Code is confined to questions of law only.

The appellants challenge the judgment of the High Court on two grounds contending, firstly, that their identification as the perpetrators of the offence was unsafe and, secondly, that the High Court failed in its duty, as the first appellate court, to exhaustively re-evaluate and reappraise the evidence adduced before the trial court. We are satisfied that the two grounds relied upon by the appellants in this appeal raise questions of law that call for our determination.

The…