ROBERT FANALI AKHUYA V. REPUBLIC

JUGMENT OF THE COURT

This appeal raises a very important issue which due to its nature, has made us agonize upon it at great length. None of us in our respective careers, which are of considerable length, has ever heard, until now, final submissions in a criminal case being given in writing. So the issue which arises and which as we said earlier, is important, is whether, as happened in this case, the trial court in the appellant's case acted in accordance with the law by agreeing to written submissions being put in at the conclusion of the appellant's trial.

The appellant was charged before the Chief Magistrate's Court, at Kakamega, with firstly, attempted robbery with violence contrary to Section 297(2) of the Penal Code, secondly, unlawfully being in possession of a firearm contrary to section 4(1) of the Firearms Act, and lastly, unlawfully being in possession of ammunition contrary to the same section of the Firearms Act. He pleaded not guilty after which his case was fixed for hea…