The Appellant was charged before the District Court of Babati with two counts of being in unlawful possession of firearms. He was convicted as charged and was sentenced to serve fifteen (15) years’ imprisonment for each count and to pay a fine of five million shillings for both counts. It ordered that the jail terms should run concurrently. Having been aggrieved, he unsuccessfully preferred an appeal to the High Court. Still protesting his innocence, he lodged the present appeal.
Substantially, the Appellant’s complaints centre on: That no seizure certificate was prepared and tendered. That the Judge turned the court into a witness by involving itself in speculations. That the evidence by PW3 and PW4 was hearsay. That the Judge wrongly held that the weapon tendered was the one found with the Appellant. The trial court did not comply with section 231 of the Criminal Procedure Act [Cap 20 R.E. 2002]. That, chain of custody was not observed. That the weapon was tendered by Public Prosecutor. That the Appellant was tried and convicted on a defective charge.