YUSUF SABWANI OPICHO V. REPUBLIC

JUDGMENT OF THE COURT

The appeal before us rests on two, out of five, grounds laid out in the memorandum of appeal filed belatedly on 28^th September, 2009. Three of the grounds were abandoned at the hearing of the appeal by counsel for the appellant, Mr. Githui, who urged the following grounds:-

“1.THAT the learned judge erred in law and in fact in failing to appreciate the nature and meaning of voire dire proceedings.

2. THAT the learned judge erred in law and in fact in failing to understand the nature of evidence required in corroboration.”

Those are issues of law which are properly raised on a second and final appeal in accordance with section 361 of the Criminal Procedure Code. For reasons which will shortly become apparent, we shall desist from analyzing the facts and circumstances of the case, in view of the final orders we intend to make.

The appellant, Yusuf Sabwami Opicho, was charged before Molo Senior Principal Magistrate’s Court with the offence of grievous harm contrary to se…