<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>JUSTO BUMBE (the appellant) was upon trial before the Senior Resident Magistrate’s Court at Maseno on a charge of capital robbery convicted and sentenced to death. His appeal to the High Court having been dismissed, he has preferred a second appeal to this Court.</p><p>Mr. K’Opot, learned counsel for the appellant, compressed the six grounds of appeal in the appellant’s supplementary petition of appeal to three main issues: reliance upon circumstantial evidence, the doctrine of recent possession and the High Court’s alleged failure to re-evaluate the evidence on record as required.</p><p>On circumstantial evidence, Mr. K’Opot submitted that the two courts below having found the evidence on purported voice identification weak and rejected it, they erred in basing the appellant’s conviction on circumstantial evidence. In his view, the purported circumstantial evidence in this case did not meet the standard required by law. In this respect counsel pointed out that though the offen…</p>