TOM MUCHIRI V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal, the appellant’s first appeal to the High Court having been summarily dismissed under section 352(2) of the Criminal Procedure Code. The appellant’s ground of appeal to the High Court were that the complainant did not identify him, that the trial magistrate had failed to consider the evidence of P.W.2 that that witness did not mention his name during the trial, that the magistrate also failed to consider the fact that the prosecution did not investigate the case properly, that no eye-witness saw him at the scene and finally that the trial magistrate failed to consider his defence. These were really not issues of law. The evidence of the complainant which the trial magistrate accepted was that the complainant first saw the appellant and some other persons at a bar called Star Point and that when he was later attacked by a group of six persons the appellant was among them. Police constables Peter Gaturuku (P.W.3) and Charles Ndwiga (P.W.4) we…