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

…In the rst place an unsworn statement amounts to no evidence, given that such evidence cannot be tested by way of cross-examination.…

…In the rst place an unsworn statement amounts to no evidence, given that such evidence cannot be tested by way of cross-examination.…

…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…