JUDGMENT OF THE COURT
The appellant, ROBERT BOB OKELLO was arraigned before the Chief Magistrate’s Court at Kisumu in Criminal Case No. 78 of 2004 in which he was charged on the following two counts: -
(i) Being in possession of a Firearm contrary to section 21 (1) of the Firearms Act (Cap. 114 Laws of Kenya).
(ii) Being in possession of ammunition contrary to section 4 (2) as read with section 4 (3) of the Firearms Act (Cap. 114 Laws of Kenya)
The offences are alleged to have taken place on 8th November, 2003 at Manyatta Estate in Kisumu District. Although the appellant was arrested on same day, 8th November, 2003, he was not arraigned in court until 28th January, 2004. The explanation is that he was undergoing treatment in hospital for gun – shot wounds inflicted during his arrest.
The prosecution case was based on the evidence of two police officers PC Philemon Kemboi (PW1) and Cpl. Simeon Oloo (PW2). That evidence was that, acting on information received, they proceeded to the house of…