JUDGMENT OF THE COURT
This is a second appeal from the decision of the superior court, Gacheche J., made on 13th November, 2002 in which the appellant’s first appeal against conviction and sentence on three counts of burglary and theft was dismissed. As such, only matters of law may be raised and learned counsel for the appellant Mr. Mwamu raised two issues before us:
(1) That the admission of a ballistic expert’s report at the trial was legally erroneous.
(2) The appellant’s defence was not critically evaluated.
We shall revert to those issues presently.
On the night of 8th and 9th March, 2001, the houses of three police officers at Lumumba Estate in Kisumu Township were broken into and various items were stolen. One house was occupied by Inspector Stephen Kemboi (PW1) together with Pc. Hillary Kipkosgei Bor (PW2), the other was occupied by Pc. David Sang (PW3). A pistol serial no. F 2935, a Ceska, loaded with 15 rounds of 9 millimeter ammunition which was lawfully issued to IP Kemboi was…