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…In cross examination Wayua answered that although she did not have a spotlight, on thatcloudless full moon night she saw clearly the incident in issue.…

…In cross examination PW2 told the court that his house and that of the accused lie opposite each other across the road. But the scene of the attack was closer to the accused's house.…

…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.…

…In his evidence in court the first accused Charles Ndolo who is appellant in HCCRA 52/03 said that he had a grudge with the complainant which he never put to the complainant in cross examination.…

…The issue of a grudge has been displaced by this court as being an after thought as it was not in cross examinations. Even if PW 1 had a grudge no explanation exists as to why PW 2 and 3 should frame the appellants.…

…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.”…

…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…

…Then she made significant observations during her cross examination by the appellants to the 1st accused (1st appellant) she said.…

…Gacheche went on to describe particulars of their books and answered in cross examination to Mr. Mungata (for the 1st accused who was acquitted) that: “I am a publisher. I am the Managing Director of Phoenix Publishers.…