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…This was not, however, put in cross-examination to any of the police witnesses, and none of those documents were produced, as we would have expected, remembering that the appellant was professionally defended at the trial…

…This was reiterated by P C Thimbu under cross-examination by Mr Azangalala.…

…Mr Prinja conceded that Stella was not challenged in cross-examination on her recognition of the appellant’s voice (as she should have been) but maintained that nevertheless the judge was not relieved of the duty of administering…

…None of these matters, Mr Prinja said, were canvassed by the judge in his judgement, which it was his duty to do, notwithstanding that most of them were not put to the witnesses in cross-examination.…

…He said so in his evidence in chief and repeated it when the matter was raised in cross examination. The evidence of PW3 is very clear.…

…In cross examination, PW1 claried that the deceased had come home with the appellant on 20th December, 2010.…

…In cross examination, the appellant did not challenge PW2’s testimony on how she came to live in the deceased’s house and the fact that she was in the deceased house on the material night when the deceased was killed.…

…In cross examination, PW1 claried that the deceased had come home with the appellant on 20th December, 2010.…

…In cross examination, the appellant did not challenge PW2’s testimony on how she came to live in the deceased’s house and the fact that she was in the deceased house on the material night when the deceased was killed.…

…In cross examination, PW1 claried that the deceased had come home with the appellant on 20th December, 2010.…

…In cross examination, the appellant did not challenge PW2’s testimony on how she came to live in the deceased’s house and the fact that she was in the deceased house on the material night when the deceased was killed.…

…In his evidence in chief he did not say he led the Police to the arrest of any of the Appellants but during cross-examination he said he had identified Accused One to the Police. He does not say where and how.…

…In his evidence in court the first accused Charles Ndolo who is appellant in HCCRA 52/03 said that he had a grudge with the complainant which he never put to the complainant in cross examination.…

…The issue of a grudge has been displaced by this court as being an after thought as it was not in cross examinations. Even if PW 1 had a grudge no explanation exists as to why PW 2 and 3 should frame the appellants.…

…PW7 died before his cross – examination by the appellant was completed.…

…It must be remembered that it is made in the absence of the accused and is not subjected to cross-examination.…

…This aspect was not put to her in cross-examination. The discrepancy here is that CPL Opiyo, the Investigating Officer, said the complainant told him she had been staying in and around Bungoma.…

…Both of them considered the appellant’s defence that he had purchased the land for Kshs 600/= and the house on it for Kshs 1,000/- from the complainant; a matter which she had denied in cross-examination.…

…Under cross-examination, PW 1 he identified Chacha at the parade but not during the robbery. All that meant that PW 2 was the sole identifying witness in so far as Chacha was concerned.…

…The trial Magistrate and the Judge erred in failing to hold that the prosecution had failed to dislodge the appellant’s cross-examination by the prosecution.…

…When it was suggested to him towards the end of his cross-examination that he could have been mistaken about the identity of the appellant he retorted: “I cannot mistake the accused for any other person.…

…He said in cross examination that appellant had lOUs to present. He also said that documents relating to IOUs were not produced in court and the bank statements were not attached to the audit report.…

…In cross examination he said he was not availed any payment vouchers and did not investigate their petty cash account.…

…He said in cross examination that appellant had lOUs to present. He also said that documents relating to IOUs were not produced in court and the bank statements were not attached to the audit report.…

…In cross examination he said he was not availed any payment vouchers and did not investigate their petty cash account.…

…On cross examination he stated that the wires were naked before he rented the premises and that the child had to be standing in order to touch the wires. 7.…

…JMK) versus Kenya Power and Lightning Company Limited {2020} eKLR to state that a statement of defence was insucient to rebut the evidence of a plainti and such evidence was not rebutted unless eectively displaced in cross…

…During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…

…In the case giving rise to this appeal PW1 said during cross-examination:- “Deceased and accused are my customers” And during re-examination he said “Both deceased and accused were my friends.”…

…His evidence is more complicated by his answers under cross examination when he said: “The driver went out of the motor vehicle and joined the lady officer and I saw the driver give her something. I knew it was money.…

…Moreover, under cross-examination, she said that there were other persons in the appellant’s house, one of whom talked to her.…