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…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 would lend weight to the prosecution’s contention that the applicant is likely to interfere with the investigations.…

…I refuse this application and order it dismissed and if Mr Aluoch for the applicant is so inclined, he and the prosecution can have the case mentioned before the trial magistrate with a view to getting earlier hearing dates…

…Some prosecution witnesses said that the period taken was from about midnight to 6.00 am or 5.00 am and that the beating was interrupted with periods of interrogation.…

…At the same time that statement can be said to be corroborated by the evidence of prosecution eye witnesses. That situation is not covered in the Rex v Ndaria case.…

…I will however proceed to refer to the receipts that were relied upon in the prosecution’s case.…

…This was a case which was easy for the prosecution to prove had there been good investigation coupled with a keen handling.…

…But the lorry and the maize were in the hands of the Government following the arrest and subsequent successful prosecution of the appellants. How could the maize and lorry be disposed off?…