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…In these circumstances the prosecution failed to establish that it was the appellant who broke into the complainant’s house and that he was in fact found in possession of the complainant’s stolen property.…

…In this appeal he complains that his case was not investigated and was given no opportunity to question the prosecution witnesses and in effect he denies the charge against him.…

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

…The application was not opposed by the prosecution.…

…Miss Njeru attacked the judgement on a broader argument on the grounds which I can summarise thus, that the prosecution did not prove its case beyond reasonable doubt, that she imported unproven matters into the judgement…

…He said the Burden on the prosecution was not shifted and he supported the reliance on circumstantial evidence by the Magistrate. He Claimed that Receipts were original under S. 65 (4) of the evidence Act.…

…Miss Njeru attacked the judgement on a broader argument on the grounds which I can summarise thus, that the prosecution did not prove its case beyond reasonable doubt, that she imported unproven matters into the judgement…

…He said the Burden on the prosecution was not shifted and he supported the reliance on circumstantial evidence by the Magistrate. He Claimed that Receipts were original under S. 65 (4) of the evidence Act.…

…It was undoubtedly proved to the court by the prosecution that on the night of 6th May 1991 a gang of men forced their way into the house of the complainants.…

…Briefly, the prosecution case was that on the 15th day of September, 1993 at about 6 pm Sgt Malat Ayot (PW1) and PC Roiman Sadara (PW2) both of the Anti-Nacortic Unit of the CID based at Malindi acting on a tip-off, laid…

…There was accordingly consistent evidence by the prosecution witnesses that the appellant took the radio cassette to the house of PW.2 and also that it was the appellant who took the two leopard skins to the kitchen in which…

…The principal state counsel indicated to me at the hearing of the appeal that he does not support the conviction because of material contradiction in the evidence for the prosecution.…

…The evidence relied upon by the prosecution to prove that this photocopy certificate was a forgery was overwhelming.…

…Briefly the prosecution case was that on the night of 30th of January, 1993 at about 1 am while the complainant, Kesra Kesina (PW1) was sleeping at his house within Mtomodoni village in Kilifi area, he was awakened from sleep…

…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…

…At the end of the trial the prosecution had called ten (10) witnesses while the accused had been heard in his defence.…

…That closed the prosecution case. The defence one opened. The accused on oath told this court that he came to the shop of PW9 on duty at 7.00 P.M. on 1st July 1996.…

…and liable to pay to the person or persons aggrieved by the removal three times the value of the goods, chattels, stock or crops so removed, in addition to any costs incurred by the person or persons so aggrieved in the prosecution…

…O XV1 deals with the prosecution of suits and adjournments. O XV1 rule 4, is instructive. On 9th May, 1989, the suit came for trial. An application for adjournment was made on behalf of the plaintiff, and, was granted.…

…By the bringing of the application to substitute the plaintiff it was made clear both to the Court and the defendant that the estate of the deceased plaintiff was desirous of continuing the prosecution of the cause of action…

….124 K.E.A. which says: "Not withstanding the provisions of Section 19 of theOaths and Statutory Declarations Act, where the evidenceof a child of tender years is admitted in accordance withthat section on behalf of the prosecution…

…That would perfectly be a valid defence to a criminal charge, for the prosecution would be duty-bound to prove beyond any reasonable doubt that it was D.W.1 who was in charge of the Ferry at the time of the accident.…