JUDGMENT OF THE COURT
Justus Korir Sambu, the appellant, has come to this Court on second appeal challenging his conviction by the Principal Magistrate’s Court, Nyahururu, for the offence of robbery with violence contrary to section 296(2) of the Penal Code.
By dint of the provisions of section 361 of the Criminal Procedure Code, he could only appeal to this Court on matters of law only. In his home made memorandum of appeal and a supplementary memorandum of appeal filed by his counsel, Mrs. Ndeda, he has raised several grounds. However, at the hearing of this appeal, Mrs. Ndeda abandoned all other grounds and confined her submissions to ground No. 5 in the supplementary memorandum of appeal which reads as follows:-
“5. The learned Judges erred in law by failing to note that the case proceeded without the prosecutor being in Court and if there was the same was conducted by unqualified person.”
Prosecutors are appointed by the Attorney General pursuant to the power conferred on him by sect…