JUDGMENT
July 19, 1989, Nyarangi, Gachuhi, JJA and Gicheru, Ag JA, delivered the following judgment.
The appellant was charged with the offence of robbery with violence contrary to section 296(1) of the Penal Code.
He was found guilty and convicted after a trial at which he gives sworn evidence in his defence. The High Court (Bosire, J) dismissed his appeal after a careful consideration of the grounds which were relied upon by the appellant.
In this second appeal, the substantive issue raised and pressed by the appellant is that the persecution evidence of identification was far from positive. We fear that the appellant’s contention in this regard does not avail him. PW2 who was in the company of the complainant, clearly identified the appellant. Another key prosecution witness, PW3, gave chase on seeing the person in jeans trousers driving away. A vehicle was found abandoned in the direction the appellant took. The appellant was pointed out by persons in a ship who observed and saw the d…