Case law
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Division and case type: CriminalCriminal Appeal
…In any case where an indictment contains substantive counts and a related conspiracy count, the judge should require the prosecution to justify the joinder, or failing justification, to elect whether to proceed on the substantive…
…The magistrate in that case had called upon the prosecution to justify or elect. That is the order that should have been made in this case.…
Division and case type: CriminalCriminal Appeal
…APPELLANT VERSUS REPUBLIC……………RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nakuru (Lady Justice R Nambuye) dated 26th November, 1992 in HC CR A No 387 of 1992) JUDGMENT The entire case for the prosecution…
Division and case type: CriminalCriminal Appeal
…There was nothing wrong in the appellant having in his possession Kshs 18,000 and he did not have to explain how he came to be in possession of that sum of money, especially as the prosecution had not established that the…
…The prosecution never established the circumstances from which the conclusion of guilt could be drawn and in the absence of establishing such facts there could not be a hypothesis of guilt of the appellant.…
Division and case type: CriminalCriminal Appeal
…The appellant however has taken the prosecution witnesses to task. He has pointed out carefully some discrepancies in their evidence.…
Division and case type: CriminalCriminal Appeal
…Their petitions of appeal, filed on the July 23, 1984, each contained lengthy grounds, but in particular attacked their respective identifications by the prosecution witnesses, upon which of course, their convictions mainly…