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

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

…The grounds of appeal are briefly that the judge erred in confirming the conviction when the RM in his judgment had evaluated the evidence for the prosecution in isolation and failed to consider the unsworn statement, also…

…Thus the judge accepted the prosecution’s case and proceeded to dismiss the appeal. That is worse than commission of the error of looking separately at the case for the prosecution and the case for defence.…

…The prosecution claimed that they had robbed one John Bwana Opundo of cash Kshs 6000. According to the prosecution, the complainant arrived from Bondo with a view to do some shopping in Kisumu. He has a shop there.…

…He held that the prosecution’s version of the matter was the side of truth and that the appellant and his confederates indeed robbed the complainant of his money.…

…That charge, he alleges, arose in the performance of his duties as an advocate and according to him, before the prosecution could be started by the Attorney-General section 80 of the Advocates Act should have been complied…

…The proviso to that section is to the effect that no prosecution for an offence under that section shall be instituted unless a report has been made to the Attorney – General by the Disciplinary Committee created under the…

…Kivihya appearing for the Director of Public Prosecutions opposing the appeal as one without merit submitted that the doctrine of recent possession was properly applied.…

…In the case of Arum v Republic, Court of Appeal at Kisumu Criminal Appeal no. 85 of 2005, it was held that the doctrine of recent possession is applicable where the court is satisfied that the prosecution have proved the…

…This court is not unware of speculation circulating in the country and outside as to the likelihood of success of such a prosecution, but such speculation is totally irrelevant to these proceedings.…

…It is interesting to notice that in these application only one point of law has been argued to indicate that there is no likelihood of success of the prosecution, relating to the consent to prosecute.…

…The prosecution say, all the four appellants took part in the robbery on July 30 at the Bacon Factory and that they all prepared to commit robbery on October 11, 1984.…

…When the appellant was confronted with the charge of robbery, he denied it and put the burden of proof squarely on the prosecution.…

…In any case where an indictment contains substantive counts and a related conspiracy count, the judge should require the prosecution to justify the joinder, or failing justification, to elect whether to proceed on the substantive…

…The magistrate in that case had called upon the prosecution to justify or elect. That is the order that should have been made in this case.…

…Briefly the prosecution case was that on the 19.6.94 at about 1.30 p.m. 3 robbers struck at the home of the complainant JOHN KASIMILI and robbed him of his T.V. and radio cassette in the course of the robbery, those robbers…

…Such sections are the source for the principles of law relating to the burden of proof being always on the prosecution and the standard of proof to be always beyond reasonable doubt.…

…Mr Owour also submitted that the identification of the applicants was based on the evidence of only one witness and that other persons who might have given material evidence were not called by the prosecution but that Court…

…The rest of the evidence relied upon by the prosecution was largely based on the testimony of Asst. I.P Thompson Makala (PW14) of Tanzanian police force.…

…The rest of the evidence relied upon by the prosecution was largely based on the testimony of Asst. I.P Thompson Makala (PW14) of Tanzanian police force.…