JUDGEMENT OF THE COURT
1. WOODFORD OLANG'O OKUMU, the appellant, charged with two offences. In the first count, he was with another person, one Ezekiel Kedogo Meja, charged with the offence of preparation to commit a felony contrary to Section 308 of the Penal Code. It was alleged that on the 27th March, 2007, at Migori township in Migori District of Nyanza Province, not being in their places of abode, they had with them an article for use in the course of or in connection with robbery with violence, namely, a homemade gun. In the second count, the appellant was alone charged with the offence of being in possession of a firearm without a certificate contrary to Section 4(2) (a) of the Firearms Act, Cap 11of the Laws of Kenya. In that count, it was alleged that on the same day and at the same place, the appellant was unlawfully found in possession one homemade gun.
2. The appellant pleaded not guilty to both counts but after trial before the acting Principal Magistrate at Migori, he was …