IN THE COURT OF APPEAL
AT KISUMU
(Coram: Nyarangi JA, Platt and Gachuhi Ag JJA )
CRIMINAL APPEAL NO. 181 OF 1984
BETWEEN
SAMUEL AWITI KARANI .........................................APPELLANT
AND
REPUBLIC.....................................................RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Kisumu (Schofield J) dated 7h July, 1983
in
Criminal Appeal No 865 of 1983)
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JUDGMENT
This is a second appeal and so only matters of law can be raised.
The appellant was convicted by the Senior Resident Magistrate Kisii of the charge of robbery contrary to section 296(1) of the Penal Code. His appeal against conviction and sentence to the High Court (Schofield J) was dismissed. His grounds of appeal to this court may be summarized as follows: there were no eye witnesses to support the testimony of the other prosecution witnesses having stated that they arrived at the scene after the assailants had left. Abongo and Pamela Odhiambo from whose houses some ex…