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…The trial court warned himself of the danger of convicting the appellant on uncorroborated evidence of a child but found that from the evidence on record there was no reasonable doubt that it was the appellant who defiled…

…to the prejudice of the appellant; in failing to sufficiently appraise the evidence of the trial court as was bound to as a first appellate court; in upholding a conviction that was founded on evidence by the prosecution…

…There was a number of defects in the evidence in the trial. There was no evidence, for instance of robbery as defined in Section 296(1) of the Penal Code on count two.…

…that the evidence is reliable, then after paying attention to the warning, he may nevertheless convict.…

…The issue of law of this second appeal is whether there was evidence to prove the several charges. 2.…

…The point was made that there is evidence of false documentation. 8. Evidence was given by Kimani (PW1) that on 21st December, 1987 he allowed vehicle registration mark KWR 463 to enter the silos at Nakuru.…

…The trial magistrate’s order of forfeiture of the motor vehicle was set aside as the learned Judge found that the gas cylinders were not imported into Kenya by the motor vehicle, which was correct, as the evidence had it…

…The trial magistrate rejected the forms tendered in evidence by the defence to prove exemption because they were not in the appellant’s name and they contained alternations.…

…by the evidence of Matundura and Malika.…

…The trial court had accepted the evidence of the complainant, his mother and his brother, and despite the discrepancies as to time and place, there was evidence to support that decision.…

…He also urged that from the time of the offence and the time the appellant was arrested was at night and that no evidence that the witnesses kept continuous watch and never lost sight of the robber.…

…It is not of vital importance that a member of the public must give evidence.…

…There was a number of defects in the evidence in the trial. There was no evidence, for instance of robbery as defined in Section 296(1) of the Penal Code on count two.…

…that the evidence is reliable, then after paying attention to the warning, he may nevertheless convict.…

…The Land Registrar, PW 3, gave evidence from his records.…

…We cannot detect any serious conflict between those two portions of the evidence.…

…Moreover, no descriptive evidence either of the appellant or of the exhibits was given.…

…He also submitted that the prosecution evidence as to where the children’s shoes, Exhibit 77, were found was contradictory.…

…From the evidence of Mr Patel, which both the trial court and first appellate court accepted, that there is no doubt that the robbery took place as Mr Patel described.…

…Constable Gedion Olang confirmed that position in giving the evidence of arrest which occurred on the 6th/7th September, 1982.…

…However, from the police statements of PW2; Namenge Ngalu Orinda (PW3); and Peter Makokha Wandera (PW4) which were tendered in evidence in the superior court and marked exhibits Nos D1.2; D1.3; and D1.4 respectively, the…

…From the evidence of PW1; PW2; PW3; PW4; and that of the appellant’s work-mates - Administration Police Constable Jimmy Okwakao Omuse (PW6) and PW7 - the learned trial judge found that these witnesses substantially spoke…

…The findings of fact appear to be fully supportable on the evidence adduced in the trial court.…

…This court can only interfere with findings of fact if such findings are supported by no evidence at all or if on the evidence on record the findings are wholly unreasonable. That is clearly not the position here.…

…Section 200 of the Act provides for incoming magistrates taking over uncompleted trials by other magistrates but section 200 (4) specifically provides: “Where an accused person is convicted upon evidence that was not wholly…

…the case of Mwangi vs Republic [1983] KLR 522, this Court held that: “A retrial should not be ordered unless the appellate court is of the opinion that on a proper consideration of the admissible or potentially admissible evidence…

…The only issue of law which could have arisen in any appeal would have been the issue of identification on which there is more than ample evidence to prove that the appellant was one of the assailants who attacked the complainant's…

…In the end we are satisfied that the evidence in this case is sufficient to support the conviction and there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was…

…In particular he had decided the case against the weight of the evidence of PW 7, (Henry Otieno Omondi), PW 10, SGT Ombima (who took possession of the documents and obtained specimens of the appellant’s handwriting, and PW…

…A general deficiency charge is permitted by section 137 (j) of the Criminal Procedure Code in the case of stealing by a public servant, and there was abundant evidence that the member of the deceased’s family who had not…

…In particular he had decided the case against the weight of the evidence of PW 7, (Henry Otieno Omondi), PW 10, SGT Ombima (who took possession of the documents and obtained specimens of the appellant’s handwriting, and PW…

…A general deficiency charge is permitted by section 137 (j) of the Criminal Procedure Code in the case of stealing by a public servant, and there was abundant evidence that the member of the deceased’s family who had not…

…There having been no evidence to that effect, the Court should not have assumed that this was a petroleum product.…

…From the recorded evidence, I find that the prosecution failed to prove that the stuff was one to which the rules applied.…

…We say there was sound evidence in support of the convictions. The appeal fails and is dismissed. That is the order of the court. Delivered at Kisumu this 10th day of April, 1989, NYARANGI .............................…

…On the contrary, we think they are fully justified by the evidence. We think therefore that there is no merit in this appeal. It ought to be and is accordingly dismissed.…