Ochieng V Republic  EKLR
|Criminal Appeal 165 of 2002||26 Nov 2004|
Ruth Nekoye Sitati
Court of Appeal at Kisumu
Patrick Lumumba Ochieng v Republic
Ochieng v Republic  eKLR
Crime - murder - appellant convicted and sentenced to death - evidence that a gun recovered from the appellant three days after the killing had been the one used to kill the deceased - High Court holding that as the appellant had failed to explain his possession of the gun, he had to be the killer or one of the killers of the deceased - Appeal Court finding discrepancy in the evidence of the firearms examiner - Court ruling out the application of the doctrine of recent possession in the circumstances of the case - circumstantial evidence - test that such evidence must meet so as to form a basis for a conviction - conviction unsafe - appeal allowed.