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…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.…

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

…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.…

…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.”…

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

…The second accused’s statement was not a confession nor was it evidence on oath which could be tested by cross-examination.…

…The evidence of the ballistics expert as to his conclusions does not appear to have been seriously challenged in cross-examination.…

…As a recorded police statement, not made on oath, not subject to the test of cross examination, exhibit 122 could not take the place of sworn testimony.…

…Then she made significant observations during her cross examination by the appellants to the 1st accused (1st appellant) she said.…

…been shot at by some unknown persons and that they had later come upon a group of people among whom were James, Vincent, Nicholas and Peter who were preparing to burn houses of Tesos because as he said rather lamely, in cross…

…examination, "they were many in a house".…

…The excuse he gave during cross-examination at the trial was that the police did not ask him if he could recognise anybody. He also confesses that he could not see the faces of the attackers.…

…Neither witness was successfully challenged in cross-examination and we think that both the magistrate and the judge were entitled, and indeed right, to find on the complainant’s evidence, as so supported, that Kshs 105,000…

…In his summing up the learned judge told them that the appellant made an unsworn statement which could not be tested by cross examination.…

…In his summing up the learned judge told them that the appellant made an unsworn statement which could not be tested by cross examination.…

…In her cross examination she did say that she had delivered 2.9 million gunny bags to the Board, but considered in its proper context, it meant no more than this that the appellant on 6th and 7th February 1987, took Jennifer…