JUDGMENT OF THE COURT
Following his conviction jointly with others whose appeals and sentences are not before us for the offences of robbery with violence contrary to section 296(2) and rape contrary to section 140 of the Penal Code respectively, and the subsequent dismissal of his first appeal to the superior Court, the appellant, Stanley Njuguna Kimemia, has come to this Court on second appeal. He has raised two main grounds, namely:-
(1) His identification was not beyond reasonable doubt.
(2) The superior court did not fully and properly re-evaluate the evidence as was expected of it as a first appellate court.
The facts of this case reveal how a human being can and does at times behave towards his fellow human being in a brutal and inhuman way. James Gachane Gathima, (deceased), was on 16th March 2005 asleep with his wife in his own house at Gatimu area in Nyandarua District of Central Province, when at about 2 a.m. robbers forcibly gained entry. To do so they broke the main door, an…