The Appellant was charged
with and convicted of murder. Aggrieved by the decision of the trial High Court
he appealed to the Court of Appeal. The Appellant’s appeal was based on two
major grounds, first, that the trial judge erred in law and fact by grounding a
conviction merely on the evidence of PW3, a child alleged to have identified
the Appellant through his voice and the room was in complete darkness; second,
the provisions of section 192(3) of the Criminal Procedure Act, Cap 20, (the
CPA), were not complied with, thus raising gross irregularities throughout the
trial.