JUDGMENT OF THE COURT
Joseph Maina Mwangi, the appellant, has come to this Court on second appeal, challenging his conviction and sentences by the Senior Principal Magistrate, Nairobi on two counts of capital robbery contrary to section 296(2) of the Penal Code, and one count of simple robbery contrary to section 296(1) of the same Code. The convictions in all the three counts were, as concurrently found by both the courts below, based on circumstantial evidence. It is trite law that where, as here, the conviction is exclusively based on such evidence it can only be properly upheld if, as was authoritatively stated by the Court of Appeal for Eastern Africa, in the case of Simon Musoke v. R [1958] EA, 715, the Court is satisfied that the inculpatory facts are not only inconsistent with the innocence of the appellant but also that there exists no co- existing circumstances which would weaken or destroy such inference. In the appeal it is contended that there are discrepancies and gaps in…