JUDGMENT OF THE COURT
SIMION MURUMBWA ONGERI was convicted of robbery contrary to section 296(1) of the Penal Code and sentenced to four years imprisonment plus eight strokes of the cane. His appeal to the superior court against conviction and sentence was summarily rejected by Patel J. He has preferred a further appeal to this Court.
In his appeal to the superior court Ongeri had disputed his dock identification by ANDREW ONYAMBU (P.W.1) and ZEDEKIAH NYAKUNDI (P.W.2). He said that no identification parade was held, as it should have been the case. He also disputed the serial numbers on the permit for the television set that was produced by the police as exhibit in court. His grounds were not that the conviction was against the weight of the evidence, or that the sentence was excessive. It cannot be said that there was no material in the circumstances of this case which could raise a reasonable doubt whether the conviction was right or lead the superior court judge to the opinion that t…