Case law
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Division and case type: High Court CriminalCriminal Appeal
…where an appeal on an interlocutory decision could be sparingly allowed, these included: where the decision concerned the admissibility of evidence, which, if ruled inadmissible, would eliminate or substantially weaken the prosecution…
Division and case type: High Court CriminalCriminal Appeal
…where an appeal on an interlocutory decision could be sparingly allowed, these included: where the decision concerned the admissibility of evidence, which, if ruled inadmissible, would eliminate or substantially weaken the prosecution…
Division and case type: High Court DivCriminal Appeal
…The Petition is opposed by the 1 st Respondent via a Replying Affidavit sworn by the Prosecution Counsel and filed on 25 th November 2025.…
…Criminal prosecutions are brought in the name of the Republic to vindicate a public wrong, and the victim remains a witness for the State. 12.…
Division and case type: CriminalCriminal Appeal
…APPELLANT VERSUS PROSECUTION……..................................................RESPONDENT J U D G M E N T 1. This is an appeal against the judgment of Siakago Ag. Principal Magistrate in Criminal case No. 728 of 2012.…
…Failure to bring the witnesses mentioned by the appellant did not weaken the prosecution case. 6.…
Division and case type: High Court DivCriminal Appeal
…It was the appellant’s submission that the prosecution did not prove its case beyond reasonable doubt. He relied on the case of Charles Mutual Mutemi v.…
…He pointed out the contradictions in the prosecution’s case, including the dates of his arrest. He relied on the cases of Gerald Ndoho Munjuga v.…
Division and case type: High Court DivCriminal Appeal
…It was the appellant’s submission that the prosecution did not prove its case beyond reasonable doubt. He relied on the case of Charles Mutual Mutemi v.…
…He pointed out the contradictions in the prosecution’s case, including the dates of his arrest. He relied on the cases of Gerald Ndoho Munjuga v.…
Division and case type: High Court DivCriminal Appeal
…It also stated that the applicant has not cited any weakness in the prosecution’s case at trial thus the appeal does not have overwhelming chances of success. The application was canvassed by way of written submissions.…
Division and case type: High Court DivCriminal Appeal
Division and case type: CriminalCriminal Appeal
…APPELLANT AND DIRECTOR OF PUBLIC PROSECUTIONS ....................................…
…After reviewing the prosecution evidence, the trial court put the appellant on his defence.…
Division and case type: CriminalCriminal Appeal
…APPELLANT AND DIRECTOR OF PUBLIC PROSECUTIONS ....................................…
…After reviewing the prosecution evidence, the trial court put the appellant on his defence.…
Division and case type: High Court DivCriminal Appeal
…PROSECUTION RULING The applicant seeks bail/bond pending the hearing and determination of the application and pending the hearing and determination of the appeal.…
Division and case type: High Court CriminalCriminal Appeal
…On this ground alone, the prosecution has failed to link the accused person with the charge. 17.…
…Much of the documents that were relied upon by the prosecution to support its case for the months of April, August and September 2021.…
Division and case type: High Court DivCriminal Appeal
…convicting the appellant based on a defective charge sheet. b) The conviction and sentence by the court was/is irregular, illegal, null and void as the charge sheet presents errors with regard to the name of the accused. c) The prosecution…
…She argued that the prosecution met the required evidentiary standards and that the sentence was appropriate for the offence. 9. This is the first appellate court.…
Division and case type: High Court DivCriminal Appeal
…(iii)the prosecution should then immediately take the facts and the accused should be given an opportunity to change or explain the facts or to add to any relevant facts.…
Division and case type: High Court DivCriminal Appeal
…(iii)the prosecution should then immediately take the facts and the accused should be given an opportunity to change or explain the facts or to add to any relevant facts.…
Division and case type: High Court CriminalCriminal Appeal
…to conduct a private prosecution.…
…otherwise the prosecution will be malicious and actionable...” 63.…
Division and case type: CriminalCriminal Appeal
…APPELLANT AND DIRECTOR OF PUBLIC PROSECUTIONS ....................................…
…After reviewing the prosecution evidence, the trial court put the appellant on his defence.…
Division and case type: CriminalCriminal Case
…APPELLANT AND DIRECTOR OF PUBLIC PROSECUTIONS ....................................…
…After reviewing the prosecution evidence, the trial court put the appellant on his defence.…
Division and case type: CriminalCriminal Appeal
…If the prosecution case was accepted there could be no question but that Charles and the second appellant were to be armed with guns when they went to arrest Tenai.…
…In R v Harris (1927) 20 CAR 144, the principal prosecution witness in a prosecution for incest denied at the trial that her father had committed the act alleged.…
Division and case type: CriminalCriminal Case
…......2ND APPLICANT VERSUS THE DIRECTORATE OF CRIMINAL INVESTIGATIONS, KIAMBU....1STRESPONDENT THE NATIONAL POLICE SERVICE............................................................2ND RESPONDENT THE DIRECTOR OF PUBLIC PROSECUTIONS…