JUDGMENT OF THE COURT
November 12, 1985, Kneller, Nyarangi JJA and Platt Ag JA delivered the following Judgment.
Anwar Kipngetich appeals against the dismissal by the High Court (O’Kubasu J) of his appeal from decision of the R M Makadara to convict him of the offence of robbery contrary to section 296 (1) of the Penal Code. The grounds of appeal are briefly that the judge erred in confirming the conviction when the RM in his judgment had evaluated the evidence for the prosecution in isolation and failed to consider the unsworn statement, also that the judge erred in dismissing the appeal when the RM had misdirected himself by convicting on circumstantial evidence without holding that the inculpatory facts were incompatible with the innocence of the appellant and erred further in confirming the conviction despite the apparent misdirection on the part of the Resident Magistrate in shifting the burdens of proof to the appellant. The urging and submission on the last ground of appeal was t…