JUDGMENT OF THE COURT
The appellants, Ernest Otenyo Keya and Suleiman Osundwa, were jointly charged before the Senior Resident Magistrate's Court at Mumias with two counts of robbery with violence contrary to Section 296(2) of the Penal Code. Upon trial, they were convicted of the first count as charged. They were aggrieved and appealed to the High Court against their respective convictions and sentences which were imposed upon them. Their appeals were dismissed and hence this appeal before us.
This being a second appeal, only issues of law fall for consideration by reason of the provisions of Section 361(1)(a) of the Criminal Procedure Code; and perusing the Memorandum of Appeal filed by M/S Onsongo and Company, Advocates for the appellants, it is quite clear, that the main issues of law raised are identification and failure of the High Court to re-evaluate and re-analyse the evidence which was adduced before the learned trial Magistrate and reach its own independent decision thereon.
B…