JUDGMENT OF THE COURT
Following his conviction for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code , the appellant was sentenced to the mandatory death penalty. His first appeal to the superior court against conviction and sentence was dismissed. In the appeal before us, he raises three main grounds for challenging his conviction. These are that:
1.The identification of the appellant was not proper.
2.The trial and first appellate courts failed to recognize the fact that a witness, Abdalla Swaleh (PW 4) was an accomplice and accordingly his evidence should not have been ac cepted and acted upon without corroboration.
3.All the ingredients of the offence were not proved. This being a second appeal, our jurisdiction is confined to dealing with questions of law only. The facts upon which the appellant's prosecution was based are short and straightforward.
On 13th December, 1995, at 3 a.m., James Mumo Mutisya, a shopkeeper at Bukuta in Kasigau Location, Taita…