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…If the prosecution wish to have the accused dealt with for other offences which are not charged, then the accused can be charged with those offences, or, semble in the High Court but not in the subordinate court, the accused…

…Further where the prosecution is in possession of evidence of trafficking (and the evidence is not to be led at the trial ) notice of it should be given to the defence, so that they have an opportunity to consider it and…

…It is the plaintiff’s case that his prosecution was malicious and his dismissal wrongful.…

…Two matters must be established before the tort of malicious prosecution can be sustained.…

…He was unable to give any evidence that could justify the prosecution of the plaintiff and I have come to the conclusion that the prosecution of the plaintiff was unreasonable and unjustifiable.…

…There will be other cases where a prosecution is clearly launched on the instigation of a complainant who has persuaded a police officer to conduct the prosecution on his behalf.…

…This was never produced by the prosecution and the only logical observation is that it is because It was adverse to the prosecution case. If it was not, why conceal it from the court.…

…Yes, it was fatal to the prosecution case. It alleged that the appellant received Shs.50/- not 100/- as alleged in the charge or by the prosecution witnesses. She denied the charge.…

…On that date (February 23, 1982) the respondent appeared before the chief magistrate when prosecution indicated that they intended to consolidate this case with another case.…

…The above section applies where the prosecution have called witnesses to testify against the accused and after the close of the prosecution case. Clearly that was not the position in the present case.…

…The case for the prosecution was that the complainant Philomena Wambui (PW 1) was travelling home in a matatu when the appellant snatched her handbag, wrist-watch and Kshs 2,150 cash.…

…The learned trial magistrate found the evidence of PW 1 and PW 2 truthful and found that the prosecution had proved its case to the degree required. He accordingly convicted the appellant as charged.…

…Defence counsel was present from the commencement of the trial up to the close of the prosecution case but was absent on May 22, 1985 when the defence case opened.…

…Again and on his behalf, his counsel who was present throughout the presentation of the prosecution evidence, had cross-examined the prosecution witnesses as he saw it fit.…

…It was the prosecution case that it was the same gun with which the conductor of the bus had been shot and killed.…

…The learned trial magistrate rejected their defence and, accepting the prosecution case, convicted and sentenced them as offered.…

…So the prayers which were left were, firstly that the suit be struck out for being an abuse of the process of the court and for want of prosecution. An application under O.…

…In the above circumstances it is my view that the application for the dismissal of this suit for want of prosecution under O. XVI rule 5 is premature.…

…The case for the prosecution was that the accident was caused by the appellant in that he had driven at a high speed as well as on the wrong side of the road and also failed to brake in time to avoid hitting the deceased.…

…The prosecution of the appellant arose from an accident which occurred within Thika Municipality on 11.8.88.…

…For our purpose here, the main complaint against the prosecution is non-compliance with (c), namely, failure by the prosecution to include certain documents, or exhibits in the committal bundles.…

…There is in the bundle a list of prosecution witnesses the prosecution intends to rely on and their addresses. We have included a list of exhibits and these number 301.…

…I suppose it is fair to say that, if the money was in dollars and the appellant was expected to exchange them on the black-market, it would be unlikely that the prosecution witnesses would say so.…

…There was some substance in the account of the appellant which was to be negatived by the prosecution. On the evidence available, the appellant always said that someone had taken the money.…

…He submitted that the summing up by the Judge Advocate was one sided and concentrated mainly on the prosecution's case.…

…The prosecution demonstrated that the Applicant was recalled to Nanyuki Barracks because he did not have the qualifications to handle push up duties.…

…It is of course the duty of the prosecution to prove the case against the accused in accordance with Section 45(2) of the Penal Code and beyond reasonable doubt.…

…It is also the duty of the prosecution to prove the criminal intent of the accused person, that is, the intent to overthrow by unlawful means of the Government and the prosecution must also prove the overt acts being the…

…The defendant seeks an order for the dismissal of the suit for want of prosecution.…

…The third defendant has sufficiently proved that the action as against him ought to be dismissed for want of prosecution.…

…It is accepted that in an action for malicious prosecution the plaintiff cannot succeed unless he establishes the following essential ingredients of the tort known as malicious prosecution.…

…Was the alleged arrest and imprisonment of the plaintiff unlawful and the prosecution that followed malicious?…

…For the prosecution case to succeed, it was incumbent upon the prosecution to prove that each and every averment of fact contained in the affidavit of the appellant complained of was false and in particular as regards of…

…When the trial magistrate find that there was no clear evidence asto the falsely in his affidavit then that was sufficient to entitle the appellant to be acquitted as the onus was on the prosecution to prove its case beyond…

…In his petition of appeal the main grounds of complaint are that the learned trial magistrate disregarded his defence; that she convicted him on the basis of conflicting prosecution evidence; that the police officer who arrested…

…It will perhaps be appropriate to set out a summary of the prosecution case as it emerged in the court below.…

…In his petition of appeal the main grounds of complaint are that the learned trial magistrate disregarded his defence; that she convicted him on the basis of conflicting prosecution evidence; that the police officer who arrested…

…It will perhaps be appropriate to set out a summary of the prosecution case as it emerged in the court below.…