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…The quotation above relates to the U.K. whose Act of 1956, if it still operates, is longer and wider on subjects but apparently excluding criminal prosecutions.…

…It was incumbent on the prosecution to prove that such rights actually existed.…

…The case for the prosecution against the appellant was that at the material time, he was a postal clerk at Quary Road Post Office, Nairobi. He was working in the money orders section.…

…It was the prosecution case that the appellant and another postal clerk, Wilson Kokeiya Naisamia (original A 3, who was jointly charged with the appellant but was acquitted of the charge), had jointly with the account holder…

…She however found that the prosecution had not proved this and it cannot be said that the accused persons were armed with a dangerous weapon.…

…The Magistrate erred and misdirected herself in both law and fact by failing to recognize the absence of an investigating officer in this case and the fact that in the absence of such an officer was fatal to the prosecution…

…The Magistrate did not believe the appellants on the face of the clear evidence against them from the prosecution and rightly so. The convictions are upheld. The appellants have served the sentence passed.…

…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…

…The learned trial magistrate, who had the added advantage of seeing and hearing all the witnesses, rejected her defence and accepted the prosecution case.…

…With respect, as Mr Chunga points out, there is evidence from four of the prosecution witnesses that her act was intentional and deliberate and obviously done when her anger had been aroused.…

…It was also in the evidence of the prosecution that the Policemen searched the house immediately after the appellant had escaped from them.…

…The prosecution called eight (8) witnesses.…

…The prosecution witnesses agree that there was considerable noise of furniture being thrown about.…

…A jury will be told that the defence of self-defence, where evidence makes its raising possible, will fail only if the prosecution show beyond doubt that what the accused did was not by way of self-defence.…

…The prosecution evidence was that three LPO books were lost in August, 1984 from some Government Ministry after it had been supplied by the Government Printer.…

…The prosecution had called three officers from the Ministry of Health to prove that neither the quotation form (Ex 3) nor the LPO (Ex 1) had emanated from that Ministry.…

…As was said in R v Mitlande (1940) 7 EACA 46 the onus is on the prosecution to prove that the confession was voluntary.…

…It is necessary that all the evidence on which the prosecution case is based should be in the assessors’ presence.…

…The foregoing is a synopsis of the prosecution case against the appellant. The evidence upon which the prosecution case was based was as follows.…

…Before having a look at the judgment of the trial judge we would confirm that the prosecution also adduced evidence which indicated a struggle had taken place in the bedroom, there was blood and also bloodstained sheets and…

…The foregoing is a synopsis of the prosecution case against the appellant. The evidence upon which the prosecution case was based was as follows.…

…Before having a look at the judgment of the trial judge we would confirm that the prosecution also adduced evidence which indicated a struggle had taken place in the bedroom, there was blood and also bloodstained sheets and…

…The prosecution’s case was that the shooting and the release of a hand grenade thrown at the deceased were the two incidents which led to the death of the deceased.…

…That the learned high court judge erred in both law and facts by upholding the case for the prosecution as proved beyond the reasonable doubt whereas the burden of proof was not discharged as the law demands in that:- I.…

…It appears that the prosecution accepted a plea to manslaughter contrary to section 205 of the Penal Code, that is that he unlawfully killed the deceased.…

…Briefly the evidence for the prosecution was that on 30.4.1994 at about 8 am the complainant Silvanus Odhiambo Odongo (PW1) was sitting outside his house at Kodera Kwoyo in Rongo division when the two appellants who were…

…On my own consideration and evaluation of the matter I find that the evidence in support of the prosecution case was overwhelming and that each of the appellants was properly convicted.…

…The prosecution case was that PW 1, the complainant was robbed of his bicycle by two attackers at a place near the Fourteen Falls at Thika.…

…This point, however has not been taken in the appellant’s memorandum of appeal, neither, in our view, could it be, as it did not form part of the prosecution case but was volunteered from the dock by the appellant.…

…He also submitted that the prosecution evidence as to where the children’s shoes, Exhibit 77, were found was contradictory.…