JUDGMENT OF THE COURT
This is a second appeal against the conviction of the appellant for the offence of robbery with violence contrary to section 296(2) of the Penal Code. It had been alleged in a charge laid before Kibera Senior Resident Magistrate that the appellant did on the 7th day of February, 2001 along Ngong road in Nairobi, jointly with others not before the court, rob Alfred Atsiaya one bicycle, one pair of shoes, one wrist watch and cash Shs.1000 all valued at Shs.7,300/= and at or immediately before or immediately after such robbery used personal violence on the said Alfred Atsiaya. Upon his conviction he was sentenced to death which is the only lawful sentence for the offence.
The appeal before us can only be on a matter of law as provided under section 362 of the Criminal Procedure Code. It turns on one main issue argued by learned counsel for the appellant Mr. Wamwayi, and that is: identification by a single witness. There were also other complaints relating to the failu…