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…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.…

…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.…

…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.…

…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.…

…He blamed the officer in charge Diani Police Station as having been instrumental in his arrest, beating and subsequent prosecution.…

…Having come to the foregoing conclusion, the tort of malicious prosecution must of necessity fail. There was justification for the arrest, detention and prosecution of the plaintiff.…

…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…

…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?…

…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.…

…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.…

…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.…

…Nonetheless, counsel for the respondent submitted that the intended appeal will only delay the prosecution of H.C.C.C.…

…Whether or not such an appeal will turn on a serious issue or it will only serve to delay the prosecution of the suit in the superior court is not possible to say with any amount of firmness as there is insufficient material…

…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.…

…On 9th March, 2011, the respondent in the appeal brought the present application for orders that the appeal be dismissed for want of prosecution for the reason that ten months (at the time of filing of this application) had…

…It is further submitted that dismissal for want of prosecution is not available since directions have not been taken.…

…No. 406 of 2001 deals with criminal prosecution and abuse of court process.…

…Elsewhere in the judgment (page 15) the judges had this to say: “A prosecution that is oppressive and vexatious is an abuse of court process.…

….…….. 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 is no allegation in the supporting affidavit that the Judgment-Debtor cannot afford to deposit the decretal sum as ordered, or that such deposit will so affect its operations as to amount to a fetter on prosecution…