JUDGMENT
(Appeal from a Judgment of the High Court at Kisumu, Trevelyan and Scriven JJ)
March 11, 1988, Platt, Gachuhi and Apaloo JJA delivered the following Judgment.
Although charged with three offences of capital robbery, the appellant was acquitted by the High Court (Trevelyan and Scriven JJ) on counts 1 and 2, on which he was held to have confessed his guilt; but convicted on the third count, on which it was held that had not confessed guilt.
That third count concerned the invasion of the house of Simon Kibitok (alias Murreh) at about 4.00 am on 7 April 1978, during which Simon gave up the Shs 20/- he had, while threatened by six men. Before they left he sustained a gun-shot wound in his leg. Simon and his wife, Rosebella, (PW17 and 24 respectively) described the events of that awful morning, and later on pointed out this appellant (the sixth accused at the trial) at an identification parade. Simon alleged that it was the appellant who had first asked him for money, as the robbers t…