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…out of time in an intended appeal from a Judgment of the High Court of Kenya at Mombasa (Mr Justice Shields ) dated 31st August, 1990 in HCCC No 934 of 1979) Civil Practice and Procedure – dismissal of suit for want of prosecution…

…– whether court has power to set aside order dismissing suit for want of prosecution – order XVI rule 6 Civil Procedure Rules.…

…......2ND APPLICANT VERSUS THE DIRECTORATE OF CRIMINAL INVESTIGATIONS, KIAMBU....1STRESPONDENT THE NATIONAL POLICE SERVICE............................................................2ND RESPONDENT THE DIRECTOR OF PUBLIC PROSECUTIONS…

…This is an application by Messrs A Y A Jiwaji & Jiwaji who are now acting for the defendant for dismissal of this suit for want of prosecution.…

…The latter, a month after their appointment on January 31, 1979 applied for the suit to be dismissed for want of prosecution. That application was listed for hearing on April 14, 1983.…

…He was unable to give any evidence that could justify the prosecution of the plaintiff and I have come to the conclusion that the prosecution of the plaintiff was unreasonable and unjustifiable.…

…There will be other cases where a prosecution is clearly launched on the instigation of a complainant who has persuaded a police officer to conduct the prosecution on his behalf.…

…The Prosecution then proceeded to cross examine the witnessto show that he was unreliable.…

…Anyanzwa, submitted that the prosecution made no attempt to establish any motive for such dastardly offence.…

…That the prosecution failed to produce exhibits that could give clear proof of the commission of the said oence and that the appellant was linked to the same. iv.…

…Shabola submitted that the evidence produced by the prosecution although circumstantial, did place the appellant at the scene of crime. Mr.…

…That the prosecution failed to produce exhibits that could give clear proof of the commission of the said oence and that the appellant was linked to the same. iv.…

…Shabola submitted that the evidence produced by the prosecution although circumstantial, did place the appellant at the scene of crime. Mr.…

…He blamed the officer in charge Diani Police Station as having been instrumental in his arrest, beating and subsequent prosecution.…

…Having come to the foregoing conclusion, the tort of malicious prosecution must of necessity fail. There was justification for the arrest, detention and prosecution of the plaintiff.…

…Out of the seven witnesses called by the Prosecution to provetheir case, only two were presented as eye witnesses to whattranspired on that fateful day.…

…The Prosecution says the heavy object was the hoe handle whichonly Maria, P.W.3 saw and said it was used. One week later shegave it to Pc Alugongo who produced it as an exhibit.…

…Out of the seven witnesses called by the Prosecution to provetheir case, only two were presented as eye witnesses to whattranspired on that fateful day.…

…The Prosecution says the heavy object was the hoe handle whichonly Maria, P.W.3 saw and said it was used. One week later shegave it to Pc Alugongo who produced it as an exhibit.…

…At the close of the prosecution case the evidence presented can be summarized as follows: The deceased and P.W.1 Johnson Kamau (Kamau) had been given Kshs.5,000/= by their employer, P.W.2, Francis Karanja Mwai (Karanja) to…

…At the close of the prosecution case, the court must consider the above evidence in order to determine whether or not it discloses a prima facie case against the two accused persons.…

…is founded upon the Constitution and a challenge to this authority must be direct and can only be dealt with in the High Court. (8) The conduct of criminal prosecutions is always a matter of public interest; therefore the…

…The above holding may be the correct exposition of the law but again that court decided as follows:- “Suppose the Attorney General, while conducting a prosecution that to all right-thinking people ought to be pursed, abruptly…

…It is accepted that in an action for malicious prosecution the plaintiff cannot succeed unless he establishes the following essential ingredients of the tort known as malicious prosecution.…

…Was the alleged arrest and imprisonment of the plaintiff unlawful and the prosecution that followed malicious?…

…Firstly, on the basis of the charge being defective, yet neither the prosecution nor the court amended it.…

…Masila, Prosecution Counsel, relied on the grounds of opposition filed by the DPP’s Office.…

…In his petition of appeal the main grounds of complaint are that the learned trial magistrate disregarded his defence; that she convicted him on the basis of conflicting prosecution evidence; that the police officer who arrested…

…It will perhaps be appropriate to set out a summary of the prosecution case as it emerged in the court below.…

…As a consequence of being led to believe that there would be no prosecution the accused may have destroyed or lost evidence in his favour.…

…This prosecution will therefore be an abuse of the process of the Court, oppressive and vexatious.…

…No. 406 of 2001 deals with criminal prosecution and abuse of court process.…

…Elsewhere in the judgment (page 15) the judges had this to say: “A prosecution that is oppressive and vexatious is an abuse of court process.…

….…….. 3RD DEFENDANT RULING The three defendants herein have brought this application for an order that the suit filed against them by the defendant be dismissed for want of prosecution.…

…When he was faced with the same situation in the first application for dismissal for want of prosecution, Mulwa, J. declined to do so in the interests of justice because as he put it the dismissal would have affected numerous…

…The foregoing is a synopsis of the prosecution case against the appellant. The evidence upon which the prosecution case was based was as follows.…

…Before having a look at the judgment of the trial judge we would confirm that the prosecution also adduced evidence which indicated a struggle had taken place in the bedroom, there was blood and also bloodstained sheets and…