JUDGMENT OF THE COURT
MICHAEL OWUOR OGANDA, the appellant herein, was convicted by the Senior Principal Magistrate, Kiambu, on 16th October, 2000 on two counts of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death. His first appeal to the High Court of Kenya at Nairobi (Onyancha and Kubo JJ) was dismissed on 31st July, 2003 and hence this is a second and final appeal.
The only question in this appeal of any substance is whether the appellant was properly identified as a member of the gang of four robbers which violently robbed Daniel Mwangi Mbugua, the deceased, of a pair of shoes and Godfrey Muniu of cash and in the course of the robbery caused the death of the deceased.
The prosecution presented the following brief facts before the trial court. Godfrey Muniu (PW1), at the material time, lived at Thogoto. On the fateful day he, his wife and one David Ngugi went to drink at Wendo bar in Kikuyu Township from about 9:00 p.m. to midnight. As they left …