Judgment.
The appellant was convicted of robbery with violence contrary to section 296(1) of the Penal Code and sentenced to 5 years imprisonment and six strokes of the cane followed by 5 years mandatory police supervision. His appeal to the High Court against both conviction and sentence was dismissed and he now appeals to this court. In his petition of appeal , the appellant has raised a number of grounds but the only substantial issue of law raised in this second appeal is whether the appellant was properly identified as the person who attacked and robbed the complainant.
The evidence which was accepted by the trial court was that the appellant attacked the complainant as he was walking home with his girlfriend shortly after midnight. The complainant, a matatu conductor, had gone to Thumaina Bar in Langalanga Estate, Nakuru, to collect his girlfriend. The appellant grabbed the complainant’s girlfriend and when the complainant interceded, the appellant attacked him with an unidentifie…