000t e3 B. Alleged Violations 11. ln his Application, the Applicant alleges that the local Courts based their decisions on contestable evidence, in particular, the testimonies and exhibits that were improperly obtained and used. ln this regard, the Applicant alleges that the visual identification relied upon by the domestic courts was flawed for the following reasons: The witnesses did not say where the lamp was located and the direction of its lighting between them and the robbers. The witnesses had not mentioned the distance between them and the robbers during the crime scene. The witnesses did not define their condition after the sudden attack and how they were controlled and ability to follow the robbers' orders and instructions. lf the witnesses had known well their robbers and named them immediately after the incident, why the Applicant was arrested at his home after two days without escaping the same area. IV lf the Applicant and his co-accused were very famous to the witnesses, how they were decided to take more time for counting the money at the scene. That, the court of Appeal was required to caution itself about contradiction of facts of the prosecution evidence. when pw3 had claimed that pw1 did not announce to any one of them the bringing of the stolen money at their home, but firstly was narrated that PW1 had been with money for a month. Furthermore, while PW2 claimed that they raised an alarm which brought in their neighbour to be at the scene, he said about which made him to go there is only burst of the gun." 12. The Applicant submits that he was never in possession of the properties which were alleged to have been stolen and tendered in the Trial Court as exhibits. He maintains that the court of Appeal "... grossly misdirected itself to apply the doctrine of recent possession against the Applicant while the exhibits alleged in the trial were said to be possessed by the co-accused". The Applicant asserts that the Court exclusively relied on the absence of a rival claim over the exhibits to dismiss his appeal 5