Grace Teta Greta vs The Republic, Criminal Appeal No 84 of 2019.

This case provide a about unlisted exhibit in court of law: the court has this to stay:

That said and based on the settled position of the law and the cited authorities, we have no grain of doubt in our mind that the issue we earlier posed has to be answered in affirmative. The requirements of section 246 (2) of the CPA ought to have been complied with in admitting exhibit P2 in evidence.

Exhibit P2 which was not listed or mentioned as an exhibit neither during the committal proceedings nor at the preliminary hearing and which was not tendered in evidence as additional evidence under
section 289 (1) and (4) of the CPA, was thus wrongly admitted in evidence and the trial court did therefore err in acting on it in convicting the appellant. Exhibit P2 is liable for expunction from the record, which we hereby accordingly do. Ground 7 of appeal is thus answered in the