IN THE COURT OF APPEAL
AT NAIROBI
( Coram: Kneller JA, Chesoni and Platt Ag JJA )
CRIMINAL APPEAL NO. 84 OF 1983
BETWEEN
1.BAKARI OMAR
2. JOHN MARTHA KOMORA..............................................................APPELLANTS
AND
REPUBLIC...............................................................................................RESPONDENT
JUDGMENT
The two appellants, Bakari Omar and John Martha Komora were convicted of robbery with violence contrary to section 296 (2) of the Penal Code (cap 63) and were sentenced to death. Their first appeal was dismissed by the High Court (Todd and Porter JJ). Bakari has appealed to this Court on one ground namely, “the appellant’s defence was not given adequate and due consideration and this occasioned a miscarriage of justice.” John has put forward two grounds of appeal and these are:
1. The appellant’s defence of alibi was not given adequate and due consideration and this occasioned a failure of justice.
2. It was a fatal error to rely on the retracted …