JUDGMENT OF THE COURT
The appellant's first appeal before the High Court having been dismissed, he now comes before us on a second appeal contending through his counsel, Miss. Otieno that,that court failed to re-evaluate the evidence; that had it done so it would have found that the key witnesses were not truthful; that the evidence relied upon by the trial court to convict him was inconsistent and contradictory; that evidence was full of gaps; that the evidence of identification was not free from errors as the robbery took place at night; and that the brightness and proximity of the alleged source of light was not established.
Although by the dint of section 361 of the Criminal Procedure Act the Court's jurisdiction on second appeals is limited only to matters of law, as a practice, the facts upon which the charge was tried ought always to be outlined so as to put the appeal into its proper perspective, for facts are the building blocks in resolving any dispute.
Before the trial court, …