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…He said so in his evidence in chief and repeated it when the matter was raised in cross examination. The evidence of PW3 is very clear.…

…It must be remembered that it is made in the absence of the accused and is not subjected to cross-examination.…

…During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…

…In the case giving rise to this appeal PW1 said during cross-examination:- “Deceased and accused are my customers” And during re-examination he said “Both deceased and accused were my friends.”…

…This aspect was not put to her in cross-examination. The discrepancy here is that CPL Opiyo, the Investigating Officer, said the complainant told him she had been staying in and around Bungoma.…

…Both of them considered the appellant’s defence that he had purchased the land for Kshs 600/= and the house on it for Kshs 1,000/- from the complainant; a matter which she had denied in cross-examination.…

…He further added that PW5 in his evidence had said during cross examination that he (PW5) almost fought with the third accused when he threatened to take the complainant’s cattle by force and further that it was second accused…

…been shot at by some unknown persons and that they had later come upon a group of people among whom were James, Vincent, Nicholas and Peter who were preparing to burn houses of Tesos because as he said rather lamely, in cross…

…examination, "they were many in a house".…

…But if the fact of service is denied, it is desirable that the process server should be put into the witness box and opportunity of cross examination given to those who deny the service.”…

…Pausing there for a moment it seems to be extraordinarily irresponsible for a man of the maturity and business standing of Shakeel, as he described himself under cross-examination by Mr Gautama, to have entered into an agreement…