JUDGEMENT OF THE COURT
This is a second appeal from the conviction and sentence imposed by the trial court at Keroka (Oduor, Senior Resident Magistrate) where the appellant, Ernest Tinega Nyandaro was found guilty on two counts of robbery with violence and sentenced to death on the first count. Sentence on the second count was left in abeyance.
The first appeal was found to have no merit by the High Court (D. K. Musinga and A. O. Muchelule, JJ) and was dismissed.
In the Memorandum of Appeal to this court five (5) grounds of appeal are taken which in essence relate to whether the charges were proved to the required standard, whether it was safe to rely on evidence of recognition, that the judges erred in not re-evaluating the evidence; that the evidence on record did not support the charge and that the sentence imposed was unlawful.
It was alleged in the two counts of robbery with violence for which the appellant was convicted that on the 27th day of January, 2008 at Birongo Trading Centre…