I find that PW6 was alert and watchful on that day. From our own re-evaluation of the evidence of identification we are satisfied that there was a clear, positive and reliable identification of the Appellant which linked him inextricably with the robbery. At page 56 line 10 of her judgement she states as follows: More importantly the Appellant did admit in his defence that he did go to Barclays Bank in Nairobi and that he did present foreign currency for exchange though he denies any involvement in the robbery. If the Appellant wanted to have his lawyer, a relative or friend present during trading signals for eur/usd parade then again he was quite at liberty to demand this. From his narration of events it is quite clear that PW6 took keen interest events as they unfolded. In his defence the Appellant claims that the police organized 11 parades and he was not identified in any of them. The second ground raised by the Appellant is that of identification at the scene. This evidence of identification is not the only evidence linking the Appellant to the offence. Appellant has however tellingly not indicated that he participated in any of the alleged eleven 11 parades. PW6 who no doubt was getting impatient asked her why they were opening the business late. We are very alive to the fact that this identification has come from only one single witness. We do hereby uphold the same. PW10 SGT. Out of the ten 10 prosecution witnesses who came forward to testify before the lower court only one was able to identify the Appellant as one of the robbers. The charge sheet is a mere synopsis, a preview if you will of the evidence to be adduced at the trial. The trial magistrate who had the opportunity to see the witnesses testify and was able to observe their demeanour found PW6 to be a credible witness.
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