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…APPELLANT AND DIRECTOR OF PUBLIC PROSECUTIONS ....................................…

…After reviewing the prosecution evidence, the trial court put the appellant on his defence.…

…APPELLANT AND DIRECTOR OF PUBLIC PROSECUTIONS ....................................…

…After reviewing the prosecution evidence, the trial court put the appellant on his defence.…

…APPELLANT AND DIRECTOR OF PUBLIC PROSECUTIONS ....................................…

…After reviewing the prosecution evidence, the trial court put the appellant on his defence.…

…APPELLANT AND DIRECTOR OF PUBLIC PROSECUTIONS ....................................…

…After reviewing the prosecution evidence, the trial court put the appellant on his defence.…

…out of time in an intended appeal from a Judgment of the High Court of Kenya at Mombasa (Mr Justice Shields ) dated 31st August, 1990 in HCCC No 934 of 1979) Civil Practice and Procedure – dismissal of suit for want of prosecution…

…– whether court has power to set aside order dismissing suit for want of prosecution – order XVI rule 6 Civil Procedure Rules.…

…This is an application by Messrs A Y A Jiwaji & Jiwaji who are now acting for the defendant for dismissal of this suit for want of prosecution.…

…The latter, a month after their appointment on January 31, 1979 applied for the suit to be dismissed for want of prosecution. That application was listed for hearing on April 14, 1983.…

…If the prosecution case was accepted there could be no question but that Charles and the second appellant were to be armed with guns when they went to arrest Tenai.…

…In R v Harris (1927) 20 CAR 144, the principal prosecution witness in a prosecution for incest denied at the trial that her father had committed the act alleged.…

…......2ND APPLICANT VERSUS THE DIRECTORATE OF CRIMINAL INVESTIGATIONS, KIAMBU....1STRESPONDENT THE NATIONAL POLICE SERVICE............................................................2ND RESPONDENT THE DIRECTOR OF PUBLIC PROSECUTIONS…

…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.…

…Further the amount of money stolen did not belong to the Government of Kenya and as such the prosecution in the lower courts has failed to establish this fact.…

…The prosecution required to prove that the appellant was the one who played a part in dealing with certain documents to prove that he stole.…

…The prosecution offered absolutely no explanation as to why they kept the appellant in custody for that long period and what they had been doing with her.…

…– they ie the prosecution, must prove that the length of the period for which the accused was in their custody had no effect on his making the statement.…

…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.…

…The Prosecution then proceeded to cross examine the witnessto show that he was unreliable.…

…Anyanzwa, submitted that the prosecution made no attempt to establish any motive for such dastardly offence.…

…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.…

…In this case, however, the second magistrate did not himself see and hear all the prosecution witnesses even though he said that he carefully “observed” the evidence given by the prosecution witnesses.…

…But even on the evidence itself it was the duty of the prosecution to prove the charge against the two appellants beyond any reasonable doubt and on the evidence brought by the prosecution I think that the appellants ought…

…The prosecution contended that the bandits paid the appellant for his services and the payment was in the form of some cattle.…

…On those facts the prosecution contended that the appellant consorted with the robbers.I agree with Mr. Metho, the learned Principal State Counsel, that those facts did not really constitute the charge of consorting.…

…There are, however, other aspects of the case for the prosecution which we must consider.…

…Inspector David Wangombe who investigated the murder also gave evidence for the prosecution which has some unusual features.…

…In addition the proceeds of the paraffin giving rise to the prosecution and the lorry that was carrying them were ordered forfeited.…

…With their pleas of not guilty, the prosecution had to prove each and every ingredient of the charge. The defence has no duty to help prove the charge against themselves.…