JUDGMENT OF THE COURT
The appellant, Shadrack Muteti Maweu (the appellant), was charged in the Chief Magistrate's Court, at Mombasa, with two counts, and after his trial he was convicted on the first count of robbery with violence contrary to section 296(2) of the Penal Code, but was acquitted on the second count of rape contrary to section 140 of the Penal Code. He was thereafter sentenced to the mandatory death sentence in respect of the former count. His conviction was based on visual identification evidence of a single witness at night time with the aid of moonlight and her subsequent identification of the appellant in an identification parade which was held about one and a half months after the robbery. There was no other evidence to connect the appellant with the commission of the offence.
The appellant's first appeal to the superior court was dismissed, principally on the ground that the circumstances under which the alleged robbery was committed favoured a correct and unmistakea…