PATRICK LUMUMBA OCHIENG V. REPUBLIC

JUDGMENT OF THE COURT

On 4/11/2004, I released the appellant herein after allowing his appeal and reserved reasons for reaching that judgment to 2.12.2004. The appellant’s memorandum of appeal which should read Petition of Appeal dated 15.8.2002 and duly filed in court sets out four grounds of appeal against the judgment/sentence passed by the Principal Magistrate in Criminal Case No. 443 of 2001 and delivered on 2.4.2002. The following are the four grounds of appeal:-

1. The learned magistrate erred in law and in fact in that he believed the evidence of PWI and PW2 without proper analysis and particularly as they said they acted on information.

2. The learned magistrate erred in law in that he failed to consider the possibility that the appellant could have been framed by the witnesses.

3. The learned magistrate erred in law and infact in that the whole case of the prosecution is against the weight of evidence.

4. The sentence imposed upon the accused is excessive and extremely harsh in t…