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…It may also be observed that for a conviction to be had in offences involving sexual transgressions, the need for corroboraiton of the evidence of prosecution is essential.…

…During the course of the trial, the prosecution sought to adduce the cautionary statement of the appellant in evidence.…

…It is only where the accused challenges such reports during his trial that the prosecution would and should seek leave to call the maker thereof in order that he may be subjected to crossexamination.…

…The charge as laid down was what the prosecution were called to prove. The trial magistrate found that the 2nd accused had no mens rea and acquitted him.…

…It could have been due to poor prosecution but the learned trial magistrate should not have allowed that to happen. A.P.C. Alex Gichege was recorded as P.W.3 when he should have been P.W.4.…

…Firstly, the prosecution was poor and the evidence badly recorded. Secondly, the statement under inquiry was inadmissible and if admissible, it was improperly admitted in the evidence.…

…He then appealed to the High Court against both the convictions and sentences and among his grounds of appeal were some challenging his identification by the prosecution witnesses who alleged they saw him among the robbers…

…He then appealed to the High Court against both the convictions and sentences and among his grounds of appeal were some challenging his identification by the prosecution witnesses who alleged they saw him among the robbers…

…Regarding the appellant's alibi defence, he said the same was displaced by the prosecution evidence. He dismissed as unfounded Mr.…

…The prosecution is therefore relying on circumstantial evidence that if the children saw the appellant mix something in a cup, she must be the one who laced the tea with poison. That evidence, however, does not add up.…

…The learned trial magistrate gave the summary of the evidence for the prosecution and the appellant and then stated that the appellant had been properly identified and convicted him.…

…If the prosecution evidence is accepted then after the arrival of Wanjuki the events that happened constituted corruption.…

…It was the option of the prosecution with which offence to charge the appellant.…

…If the prosecution evidence is accepted then after the arrival of Wanjuki the events that happened constituted corruption.…

…It was the option of the prosecution with which offence to charge the appellant.…

…The case for the prosecution was, in outline, as follows. The complainant, the appellant, his co-accused and other patrons were at Heshima Bar taking beer at the back room.…

…The second ground of appeal is that sufficient weight was not given to the appellant’s plea of guilty which had saved time of both the court and the prosecution.…

…That being the case, in the present case, on the basis of Section 28(b) of the Evidence Act, the material statements ought to have been excluded in the consideration whether or not the prosecution had proved the case against…

…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…

…who appeared for both appellants directed our attention to three matters: 1. whether the evidence of identification of the appellants was free from the possibility of error; 2. whether the discrepancies in the evidence of prosecution…