JUDGMENT OF THE COURT
In concluding their judgment on the first appeal in this matter, the learned Judges of the superior court (Onyancha/Sitati, JJ) had this to say:-
“We are however very perturbed by the careless and shoddy manner in which this serious case was handled. We do not see why the case was not fully investigated by an independent investigating officer. No clear record of arrest and detention of the accused at Chogoria police patrol base or any other where accused was detained and later charged, were put in evidence during the prosecution of the case. No evidence of the handling of the gun from the time it was received in some police station, through the process of sending it for ballistic tests and return of it with the report, were put in evidence. This conduct is below the standard of our police force which otherwise is competent. We castigate it. We have recently noticed a number of cases where due to poor investigations, the cases which should not otherwise be lost, wer…