JUDGMENT
The appellant, Peter Wambulwa and another person were charged with the offence of robbery contrary to section 296 (1) of the Penal Code before the learned magistrate’s court at Bungoma. While the co-accused was acquitted of the aforesaid offence, the appellant was convicted of the same and sentences to 3 1/2 years’ imprisonment. He was also ordered to be subject to police supervision for a period of 5 years after his release from prison. His appeal to the High Court (Gicheru Ag J) was dismissed. He has now appealed to this Court against the said dismissal. His grounds of appeal may be summarized as follows: that he was arrested on suspicion, there were no exhibits found on him and that there was no sufficient evidence before the court connecting him with the offence.
The evidence of the complainant, which was relied upon by the trial magistrate, was that the complainant did see and recognize the appellant very well together with the other co-accused who was acquitted and anothe…