Search court decisions

…The prosecution offered absolutely no explanation as to why they kept the appellant in custody for that long period and what they had been doing with her.…

…– they ie the prosecution, must prove that the length of the period for which the accused was in their custody had no effect on his making the statement.…

…The grounds of appeal are briefly that the judge erred in confirming the conviction when the RM in his judgment had evaluated the evidence for the prosecution in isolation and failed to consider the unsworn statement, also…

…Thus the judge accepted the prosecution’s case and proceeded to dismiss the appeal. That is worse than commission of the error of looking separately at the case for the prosecution and the case for defence.…

…His argument before that Court was that the entire prosecution case against him was dependent on the alleged evidence of identification.…

…Without its consideration and findings made on it, the issue of the appellant’s correct identification remained unresolved, since that defence conflicted with the prosecution case in that connection.…

…The prosecution case was dependent on the evidence of PW1.…

…In the result, I am persuaded that the prosecution has proved its case beyond reasonable doubt that the accused beat the deceased for 20 minutes.…

…The case for the prosecution was that the complainant Philomena Wambui (PW 1) was travelling home in a matatu when the appellant snatched her handbag, wrist-watch and Kshs 2,150 cash.…

…The learned trial magistrate found the evidence of PW 1 and PW 2 truthful and found that the prosecution had proved its case to the degree required. He accordingly convicted the appellant as charged.…

…In his grounds of appeal to the High court the appellant complained that the prosecution evidence against him was fabricated lies and unreliable.…

…The key prosecution witnesses were Richard Ng’eno (PW 1) and Peter Munyao (PW 2). Richard was supposed to be the one who saw the appellant lock himself in the toilet and then he called Peter.…

…That charge, he alleges, arose in the performance of his duties as an advocate and according to him, before the prosecution could be started by the Attorney-General section 80 of the Advocates Act should have been complied…

…The proviso to that section is to the effect that no prosecution for an offence under that section shall be instituted unless a report has been made to the Attorney – General by the Disciplinary Committee created under the…

…when but the appellant formed the opinion that his collegues had schemed against him and that consequently a crime had been committed so in 1986 the appellant went before the Chief Magistrate for permission for private prosecution…

…In the instant case, the appellant was pursuing a right to file a private prosecution. Only the Attorney-General has the right under section 26 of the Constitution to institute criminal proceedings.…

…Kivihya appearing for the Director of Public Prosecutions opposing the appeal as one without merit submitted that the doctrine of recent possession was properly applied.…

…In the case of Arum v Republic, Court of Appeal at Kisumu Criminal Appeal no. 85 of 2005, it was held that the doctrine of recent possession is applicable where the court is satisfied that the prosecution have proved the…

…That was for the prosecution to prove. The blood-stain could have come from a person other than the deceased.…

…But in the court, the prosecution did not put forward any reason why the deceased’s blood must be on the back of the appellant’s shirt if indeed it was his shirt. Blood stains are circumstantial evidence.…

….…….. 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…

…It was also in the evidence of the prosecution that the Policemen searched the house immediately after the appellant had escaped from them.…

…The prosecution witnesses agree that there was considerable noise of furniture being thrown about.…

…A jury will be told that the defence of self-defence, where evidence makes its raising possible, will fail only if the prosecution show beyond doubt that what the accused did was not by way of self-defence.…

…As was said in R v Mitlande (1940) 7 EACA 46 the onus is on the prosecution to prove that the confession was voluntary.…

…It is necessary that all the evidence on which the prosecution case is based should be in the assessors’ presence.…

…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…

…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…

…The prosecution’s case was that the shooting and the release of a hand grenade thrown at the deceased were the two incidents which led to the death of the deceased.…

…That the learned high court judge erred in both law and facts by upholding the case for the prosecution as proved beyond the reasonable doubt whereas the burden of proof was not discharged as the law demands in that:- I.…

…Taking the prosecution’s case together with the unchallenged explanation of the appellant, the facts are these: On February 17, 1986, the appellant was driving an Isuzu lorry No KXA 584 along the Narok – Nairobi road in the…

…According to the prosecution, the vehicle lay “across the road”. In order to warn approaching traffic, the appellant placed green branches on the road.…

…The prosecution say, all the four appellants took part in the robbery on July 30 at the Bacon Factory and that they all prepared to commit robbery on October 11, 1984.…

…When the appellant was confronted with the charge of robbery, he denied it and put the burden of proof squarely on the prosecution.…