JUDGMENT OF THE COURT
The Principal Prosecution Counsel, Mr. Yamina, conceded this appeal but on a totally different ground from the two proffered by the appellant. The appellant, for his part argued, first that the learned Judges, like the trial court erroneously and heavily relied on the evidence of a key witness who did not testify and secondly, that both courts also used a flawed police identification parade to link the appellant with the crime charged.
For his part Mr. Yamina drew our attention to pages 29, 30, 53, and 56 of the record to demonstrate that following the transfers of Hon. Nzioki, S.R.M and Hon. R. Makungu, S.R.M, who had respectively heard several witnesses, the hearing on each of those two occasions had to start de novo. On the last occasion, which concerns us in this appeal Hon. Omburah, SRM having taken over the trial from Hon. Makungu, pursuant to the provisions of Section 200 of the Criminal Procedure Code and on application of the appellant directed, on 22nd Fe…