JUDGMENT OF THE COURT
The single issue of law in this second and final appeal by the appellant PETER NJOGU NDEGE is whether he was properly and safely identified as one of three people who attacked and robbed Lepayon Lemaranya (PW2) for which he was alone charged, convicted and sentenced to suffer death by the Nanyuki Senior Resident Magistrate, which was confirmed by the High Court at Nyeri (Kasango J and Makhandia J, as he was then) and dismissed his first appeal.
The particulars of the offence of robbery with violence contrary to section 296(2) of the Penal Code were that on 23rd January 2005 and Doldol Stage in Nanyuki Town of Laikipia District, the appellant jointly with others and while armed with dangerous or offensive weapons namely knives and simis robbed PW2 of cash 5,300 and a Maasai sword valued at Ksh. 8,000 and used actual violence to PW2.
The prosecution called PW2 as the sole eye-witness and two others, namely P.C. Jackson Gichuki (PW2) who received PW2’s report of having…