JUDGMENT OF THE COURT
Although the appeal has been conceded by the State, this Court must nonetheless satisfy itself on the grounds upon which the appeal was brought and those on which the concession is made. See Samuel Kimenju Mbuthi v. R, Cr. Appeal No. 44 of 2014. In the same breath we bear in mind our primary role on a second appeal, which by section 361 of the Criminal Procedure Code requires that only matters of law raised in the appeal are considered. See Mohammed Famau Bakari v. R [2016] eKLR.
The appellant’s first appeal to the High Court having been dismissed and his conviction and death sentence for the offence of robbery with violence contrary to section 296 (2) of the Penal Code confirmed, he now brings this second appeal on three broad grounds. The appellant first contends that the evidence of recognition or identification upon which the conviction was based was not free from the possibility of error; secondly, that two vital witnesses were not called by the prosecution; a…