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…He submitted that the trial Court and the first appeal court did not consider the doctrine of ‘recent possession’ as it applied to the witness Ahashan.” Then followed the passage which Mr Wahome quoted to me.…

…This is a first appeal. This court has to consider the evidence to make its own conclusion. The whole case relies on the blood-stains. The trial judge asked himself a question.…

…His first appeal was dismissed. Thus the appellant’s conviction for rape contrary to section 140 of the Penal Code and sentence of 20 month’s imprisonment was confirmed. He has now served his sentence.…

…This being a first appeal the appellant expects and is entitled to this court's re-examination of the evidence adduced afresh and to this court's conclusion giving allowance to the fact that it did not see and did not hear…

…This being a first appeal it is the duty of this Court to re-evaluate and reconsider the evidence adduced in the superior court and to make its own conclusions thereon by virtue of section 361 of the Criminal Procedure Code…

…What is before us is a first appeal. During the hearing the appellant was represented by Mr. Ratemo Oira Advocate while the State was represented by Mr. Monda, Principal State Counsel.…