JUDGMENT OF THE COURT
In this appeal only two points of law have been raised, namely:
(1) Whether the appellant, Kennedy Maina, was positively identified as one of three or four men who robbed Jane Muthoni and attempted to rob David Cherop, on the night of 28th June, 2001.
(2) Whether the charges against the appellant were properly framed when they omitted the time of the alleged robbery counts.
The appellant was charged, tried and convicted of one count of robbery with violence contrary to section 296 (2) of the Penal Code, and a second count of attempted robbery with violence contrary to section 297 (2) of the Penal Code. He was, however, acquitted for lack of evidence of a third count which alleged that jointly with others not before the court while armed with pistols robbed one Joseph Kahura Mwangi of his motor vehicle, registration No. KSG 119, Chevrolet pick-up.
In convicting the appellant, the Senior Principal Magistrate, at Naivasha, Mr. Muya, relied on the appellant’s visual ident…