REPUBLIC OF KENYA Lemba v Republic High Court, at Nairobi September 30, 1985 Mbaya J Criminal Appeal No 267 of 1985 (Appeal frrm the Resident Magistrate’s Court at Thika) Advocates Appellant absent, unrepresented and not wishing to be present Miss W Ngugi for Respondent September 30, 1985, Mbaya J delivered the following Judgment. The appellant was charged with robbery with violence contrary to section 296(1) of the Penal Code, and on conviction he was sentenced to 4 year’s imprisonment. He appeals against conviction and the sentence. The prosecution case was that PW 1, the complainant was robbed of his bicycle by two attackers at a place near the Fourteen Falls at Thika. PW 1 testified that the was robbed of his bicycle at about 3 pm on the material day. It was day-time and the appellant had ample opportunity to identify the accused as being one of the two attackers. In the circumstances I am satisfied that the appellant was properly identified, and I hold therefore that he was properly convicted. As the sentence is lawful and is neither harsh nor excessive, the whole appeal against the conviction and sentence is hereby dismissed.
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