JUDGMENT OF THE COURT
What is the legal definition of "possession"? What is the legal effect of an exculpatory extra-judicial statement by one accused against another? Those are the issues of law we are called upon to answer in this appeal.
On the 7th March 2011, at about 9am, the appellant was walking along a road in Mukangu Trading Centre within Embu Municipality. Walking with him was another young man, John Muchangi Njiru (Njiru), who was carrying a sack. At a point on the said road, they were accosted by three local community policing members, led by the Assistant Chief of Mukangu location, who were out on patrol against illicit brews in the area. The Assistant Chief (PW2) ordered the two young men to stop. He searched the sack held by Njiru and found an old gun inside. According to one of the community police members (PW3), the Assistant Chief asked Njiru whose gun it was and Njiru said it was the appellant’s, but the appellant insisted it was not his but Njiru’s. Both were arreste…