See pages 17- 20 of the reco rd
The above underlined portion of the proceeding appears to be the
genesisofthisappea l.lalsounderli nedsamefor t hesake of emphasis
On the 14/6/13, Mr. Muoneke, the prosecuting counse l, in re~
examinationputthefoll owingquesti ontothePWl.
"Q.
During cross-examination on 15/3/13, you told the court
that the 20 th Feb. 2009 on wh ich day the o ffence was committed
thatyouwenttoC. P. S.andonthe21"beingSaturdayyouwent
to Area Command and in the follow ing week you now petit ioned
the C. 0. P., my question is how come f)(h B the petition bears
21/2./2009,beingaSaturday"
To the above re -exa min~tion question, the defence cou nse l object ed
on the ground that the PWl should not be ;illowed to reo pen his c;ise
;ind repair his contradictions occasioned by a cro ss examination and
such if allowed would be prejudic ial
Both co unsel addres sed the
learnedtria lmagistrateonthisissue
On the S/7/2013, the learned tri;il magist rate gave her ru ling. She
disal lowed t he re-e~amination quest ion . In other words, she upheld the
objection of t he defence counsel and d irected the witness not to
an swer the question . The tria l co urt f urther dir ected the counsel to
rephrase the question. (See Generally pp. 30and46oftherecord)