ZAKARIA OJIAMBO ODIANGO V. REPUBLIC

JUDGMENT OF THE COURT

On 30^th April 2004 at about 10.30 in the morning, Frederick Macheti, the complainant (PW1), a pastor with Upendo Pentecostal Church, was walking home to Kangemi in Nairobi when he was attacked by two assailants, beaten and robed of his mobile telephone. After the attack the assailants ran away. Macheti screamed attracting members of the public who then apprehended the appellant. Macheti’s mobile telephone was recovered from the appellant.

Thereafter the appellant was handed over to the police, charged,prsosecuted and convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code by the Chief Magistrate’s Court at Kibera Nairobi. He was sentenced to death.

The appellant appealed to the High Court of Kenya at Nairobi against the conviction and sentence on grounds that he was a victim of mistaken identification. In a judgment delivered on 3^rd June 2008 the High Court rejected the appellant’s appeal.

In this second appeal the appellant see…