JUDGMENT OF THE COURT
Daniel Odhiambo Koyo alias Omoya, is the appellant in this second and probably his last appeal. He was convicted after a trial by the Senior Resident Magistrate at Winam of the offence of robbery with violence contrary to section 296 (2) of the Penal Code, and was thereafter sentenced to death. He was unsuccessful in his first appeal to the High Court.
In the appeal before us he has raised two main grounds, firstly, that his conviction was based on inadequate and unreliable evidence on his identification as the person who committed the offence. Secondly, that the High Court did not adequately re-evaluate the evidence which was adduced before the trial court, which if it had done it would have become clear that he did not commit the offence charged.
The particulars of the charge against the appellant were that:
“On the 10th day of March, 2007 at Serina Stage in Kisumu District within Nyanza Province, jointly with another not before the Court while armed with crude wea…