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…However, it was not the prosecution’s case that there had been fighting between PW 1 and the appellant, but rather that the appellant had suddenly and violently struck him without any provocation.…

…she would have supported and strengthened the prosecution case against the appellant.…

…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.…

…Firstly, on the basis of the charge being defective, yet neither the prosecution nor the court amended it.…

…Masila, Prosecution Counsel, relied on the grounds of opposition filed by the DPP’s Office.…

…As a consequence of being led to believe that there would be no prosecution the accused may have destroyed or lost evidence in his favour.…

…This prosecution will therefore be an abuse of the process of the Court, oppressive and vexatious.…

…As a consequence of being led to believe that there would be no prosecution the accused may have destroyed or lost evidence in his favour.…

…This prosecution will therefore be an abuse of the process of the Court, oppressive and vexatious.…

…This report was prepared by the only prosecution witness, PW 2, George Odera who is a quality controller with the Kenya Bureau of Standards.…

…The defence cannot anticipate what witnesses are to be called by the prosecution. PW 1 the person who took the samples did not testify that he was present at their examination by PW 2.…

…Being itself inadmissible, the confession of the 1st accused is of no assistance to the prosecution case.…

…The prosecution clearly showed contact with the vehicle by the 2nd accused at some time.…

….…….. 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…

…There were two witnesses called for prosecution.…

…Although the witness said the gun found in the vehicle driven by the 3rd appellant was identical to one of those used in the robbery, he could not identify any of the robbers and obviously the prosecution knew there was insufficient…

…There were two witnesses called for prosecution.…

…Although the witness said the gun found in the vehicle driven by the 3rd appellant was identical to one of those used in the robbery, he could not identify any of the robbers and obviously the prosecution knew there was insufficient…

…The case for the prosecution against the appellant was that at the material time, he was a postal clerk at Quary Road Post Office, Nairobi. He was working in the money orders section.…

…It was the prosecution case that the appellant and another postal clerk, Wilson Kokeiya Naisamia (original A 3, who was jointly charged with the appellant but was acquitted of the charge), had jointly with the account holder…

…The Magistrate did not believe the appellants on the face of the clear evidence against them from the prosecution and rightly so. The convictions are upheld. The appellants have served the sentence passed.…

…The learned trial magistrate, who had the added advantage of seeing and hearing all the witnesses, rejected her defence and accepted the prosecution case.…

…With respect, as Mr Chunga points out, there is evidence from four of the prosecution witnesses that her act was intentional and deliberate and obviously done when her anger had been aroused.…

…The prosecution evidence was that three LPO books were lost in August, 1984 from some Government Ministry after it had been supplied by the Government Printer.…

…The prosecution had called three officers from the Ministry of Health to prove that neither the quotation form (Ex 3) nor the LPO (Ex 1) had emanated from that Ministry.…

…The prosecution case was that PW 1, the complainant was robbed of his bicycle by two attackers at a place near the Fourteen Falls at Thika.…

…This court is not unware of speculation circulating in the country and outside as to the likelihood of success of such a prosecution, but such speculation is totally irrelevant to these proceedings.…

…It is interesting to notice that in these application only one point of law has been argued to indicate that there is no likelihood of success of the prosecution, relating to the consent to prosecute.…

…It was alleged by the prosecution that he abused the complainant, an assistant chief of his area Mr Evan Nganga PW 1 and threatened to beat him.…

…………PETITIONER AND THE ETHICS AND ANTI-CORRUPTION COMMISSION…….. 1ST RESPONDENT DIRECTOR OF PUBLIC PROSECUTIONS…………….….…..2ND RESPONDENT INSPECTOR GENERAL OF NATIONAL POLICE SERVICE…3RD RESPONDENT ATTORNEY GENERAL…………………..…

…That Article 159(2)(b) of the Constitution requires that matters be dispensed with without delay and by delaying the prosecution of the Petition, the Petitioner was denying justice to the Respondents and the public they represent…

…There is no dispute on the facts adduced by the prosecution witnesses that on the night of 10th and 11th of October, 1991 at about 2 am, while the complainant, Marlin Righa Malogho (PW1) who was a receptionist at Paradise…

…It was the prosecution case that as the said men ran away, they were confronted by some two other watchmen from the nearby Tropical Village Hotel, Andrew Nyambu Jiwe (PW3) and Mbaja Kalua (PW5).…