JUDGMENT OF THE COURT
This is a second appeal and so only matters of law can be raised.
The appellant JIMMY WANJOHI WANJIKU was convicted by the Principal Magistrate, Muranga, of robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to death. His appeal against both conviction and sentence to the High Court of Kenya at Nairobi (Lesiit and Ochieng JJ) was dismissed on 1st July, 2004.
The grounds of appeal canvassed before us by Mr. Kiptoo for the appellant may be summarized as follows; that the first appellate court erred in not carefully evaluating the evidence on identification; that the
identification parades were not properly conducted and that the appellant was not positively identified by any prosecution witnesses.
Thus, the basic issue in this appeal and also in the trial and the first appellant courts was identification.
On 24th June, 1999, at about 2.30 pm, Harun Ngigi (PW1), a salesman at Castle Brewery at Thika, was on his way to Kiriani, Murang’a, to m…