CALEB OBURA KARANJA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Caleb Obura Karanja, was convicted by the learned Senior Resident Magistrate (F. M. Kinyanjui, Esq.) of being in possession of a firearm without a firearm certificate contrary to section 3 (2) of the Firearms Act and thereafter sentenced to ten (10) years imprisonment.

This being a second appeal only points of law may be raised for consideration. We have concurrent findings by the trial court and the first appellate court to the effect that the appellant was found in possession of a pistol which was produced in evidence as exhibit while the ballistic expert’s report was produced as Exhibit 3. That report must have been produced under section 77 (1) of the Evidence Act (Cap. 80), which provides:

“In criminal proceedings any document purporting to be report under the hand of a Government analyst, medical practitioner or of any ballistic expert, documents examine or geologist upon any person, matter or thing submitted to him for examination or analysis m…