JOSEPH NJOROGE KINGA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Joseph Njoroge Kinga, was after trial convicted by the Senior Resident Magistrate, Nairobi, on two counts of unlawfully being in possession of a firearm and ammunition without a firearm certificate contrary to section 4(2)(a) of the Firearms Act Cap 114 Laws of Kenya. He was sentenced to 42 years imprisonment on each count, the sentences being ordered to be served concurrently. His first appeal to the superior court was dismissed on 6th May, 1999, by Kuloba, J. He now appeals to this court.

On 11th June, 1997, Kasarani Police Station received an information that some people who had lodged in a room at Mwafrica Joji Bar at Githurai, Nairobi, had firearms. The Police organised a raid consisting of four officers, namely, IP Kariuki (PW5), PC Salu (PW1), PC Gichuki (PW2) and PC Ngetich (PW3). Following a search inside the room and under the bed upon which the appellant was sleeping the Police team recovered a bag which contained a gun and four rounds of …