JUDGMENT OF THE COURT
This second appeal arises from the conviction by the Senior Resident Magistrate’s Court at Mombasa in Criminal Appeal No. 29 of 2003 of Matheka Kithome of the offence of robbery with violence contrary to section 296(2) of the Penal Code which conviction was upheld by the superior court (Khaminwa and Maraga JJ) in a judgment dated 20th January 2005 being the judgment appealed against.
The grounds of appeal relied upon by learned Counsel for the appellant (Mr. P.M. Munyao) can be summarised as follows:-
1. The evidence on record on recognition and identification of the appellant was inconsistent and by no means up to the required standard.
2. The evidence relating to the alleged recent possession by the appellant of the stolen property was fatally defective.
3. Section 214 of the Criminal Procedure Code was abused.Serious issues were raised as to the dates of the offence, of the arrest and of the recovery of the goods said to be recovered with the result that the charge…