Wakoli Bifwoli

All parliamentary appearances

Entries 411 to 420 of 1336.

• 1 Jul 2010 in National Assembly: Mr. Deputy Speaker, Sir, the substance of the evidence, which formed the bedrock of the prosecution case, was recognition, identification, opportunity and recovery of the murder weapon from the accused. The accused himself had testified that he was issued with the firearm AK47 Rifle of Body Parts No.08378, which had subsequently been re-issued to him on a regular basis. view
• 1 Jul 2010 in National Assembly: He testified that on 16th January, 2008 he had been issued with the same rifle from the armoury and was in the group led by Office Commanding Station (OCS) Chief Inspector, Handset Kaloki. In its judgment on page 75, the court noted as follows:- view
• 1 Jul 2010 in National Assembly: “I do find the offence committed was murder” The court made the following finding which is critical on page 80 which says:- view
• 1 Jul 2010 in National Assembly: “In light of those questions, even though, all other evidence adduced shows that the accused was positively identified at the scene of the shooting incident and even though he was captured on film as he appeared to shoot the two victims, this court is unable to reconcile those facts with the findings by the fire-arm examiner who concluded that the bullet was discharged from a gun that was different from the one which the accused had.” view
• 1 Jul 2010 in National Assembly: The acquittal of the accused was predicated on the apparent confusion of the number of the gun issued to the accused which was AK 47 rifle of body parts No.08378 and Serial No.23008378 as stated by the accused and serjeant-in-charge of the armoury, Serjeant Serem while the fire-arm examiner examined AK 47 rifle Serial No.3008378. This is the rifle which was used to fire the bullet which had been recovered from the body of the deceased, George William Onyango. He came to the conclusion that there were two different guns being referred to. The gun with Serial No.23008378 which was ... view
• 1 Jul 2010 in National Assembly: Mr. Deputy Speaker, Sir, I have carefully examined the totality and the cumulative effect of the evidence tendered in this case. I have also examined and perused the judgment and it is my considered opinion with utmost respect to the learned judge that he was in error both in fact and in law to acquit the accused person. It is instructive to note:- (i) The recovery of the gun was not an issue. (ii) The chain of custody of the gun taken for analysis was not an issue. There was sufficient proof of the chain of possession of the weapon ... view
• 1 Jul 2010 in National Assembly: beginning. That is quite clearly stated in the report of the examiner. The gun was assault rifle AK47 Serial No.3008378 marked as exhibit B. view
• 1 Jul 2010 in National Assembly: (v) The learned judge in acquitting the accused relied on the decision of the Court of Appeal in the case of Eric Akeyo Otieno versus the Republic which he held, was binding on him. However, that case is easily distinguishable in the following respects:- (a) More than one armed officer was involved in the shooting but only one was charged in the case that was before the Court of Appeal. view
• 1 Jul 2010 in National Assembly: (b) There were six cartridges which were recovered from the scene which could have been shot from either of the rifles in order to have a confused state of affairs in that case in the Court of Appeal. view
• 1 Jul 2010 in National Assembly: (c) There were two G3 rifles which were being used. Consequently, the serial numbers of the rifles differed in material numerical particulars, that is, 369369 and 359359. The difference in the serial numbers of the two rifles, in those circumstances, could well raise a legitimate question as to which of the two could have been the source of the fatal bullet. In the current case, the judge did not have the same challenge. There was neither argument nor evidence to the effect that another gun, whose serial number may have confused with the one in possession and custody of the ... view