JUDGMENT OF COURT
Upon his trial for the offence of robbery with violence contrary to section 296(2) of the Penal Code, jointly with another person whose appeal is not before us, the appellant Columbus Dindi Okoth, was convicted and thereafter sentenced to the mandatory death sentence by the Senior Resident Magistrate at Busia. As was expected he was aggrieved and lodged his first appeal to the superior court, which was dismissed by a bench of that court comprising Onyancha and Kubo JJ. This is therefore his second appeal which on the basis of the provisions of section 361 of the Criminal Procedure Code, has to be confined to issues of law only.
In his homemade memorandum of appeal, the appellant has raised three broad grounds of appeal, namely, first, that his conviction was based on evidence of identification under difficult circumstances and such identification was therefore unreliable. Second, that he raised the defence of alibi which he contends was not considered by both courts be…