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

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

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

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

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

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

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

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

…......2ND APPLICANT VERSUS THE DIRECTORATE OF CRIMINAL INVESTIGATIONS, KIAMBU....1STRESPONDENT THE NATIONAL POLICE SERVICE............................................................2ND RESPONDENT THE DIRECTOR OF PUBLIC PROSECUTIONS…

…If the prosecution wish to have the accused dealt with for other offences which are not charged, then the accused can be charged with those offences, or, semble in the High Court but not in the subordinate court, the accused…

…Further where the prosecution is in possession of evidence of trafficking (and the evidence is not to be led at the trial ) notice of it should be given to the defence, so that they have an opportunity to consider it and…

…This was never produced by the prosecution and the only logical observation is that it is because It was adverse to the prosecution case. If it was not, why conceal it from the court.…

…Yes, it was fatal to the prosecution case. It alleged that the appellant received Shs.50/- not 100/- as alleged in the charge or by the prosecution witnesses. She denied the charge.…

…The Prosecution then proceeded to cross examine the witnessto show that he was unreliable.…

…Anyanzwa, submitted that the prosecution made no attempt to establish any motive for such dastardly offence.…

…The prosecution contended that the bandits paid the appellant for his services and the payment was in the form of some cattle.…

…On those facts the prosecution contended that the appellant consorted with the robbers.I agree with Mr. Metho, the learned Principal State Counsel, that those facts did not really constitute the charge of consorting.…

…In addition the proceeds of the paraffin giving rise to the prosecution and the lorry that was carrying them were ordered forfeited.…

…With their pleas of not guilty, the prosecution had to prove each and every ingredient of the charge. The defence has no duty to help prove the charge against themselves.…

…That the prosecution failed to produce exhibits that could give clear proof of the commission of the said oence and that the appellant was linked to the same. iv.…

…Shabola submitted that the evidence produced by the prosecution although circumstantial, did place the appellant at the scene of crime. Mr.…

…That the prosecution failed to produce exhibits that could give clear proof of the commission of the said oence and that the appellant was linked to the same. iv.…

…Shabola submitted that the evidence produced by the prosecution although circumstantial, did place the appellant at the scene of crime. Mr.…

…That the prosecution failed to produce exhibits that could give clear proof of the commission of the said oence and that the appellant was linked to the same. iv.…

…Shabola submitted that the evidence produced by the prosecution although circumstantial, did place the appellant at the scene of crime. Mr.…

…The case for the prosecution was that the complainant Philomena Wambui (PW 1) was travelling home in a matatu when the appellant snatched her handbag, wrist-watch and Kshs 2,150 cash.…

…The learned trial magistrate found the evidence of PW 1 and PW 2 truthful and found that the prosecution had proved its case to the degree required. He accordingly convicted the appellant as charged.…

…Defence counsel was present from the commencement of the trial up to the close of the prosecution case but was absent on May 22, 1985 when the defence case opened.…

…Again and on his behalf, his counsel who was present throughout the presentation of the prosecution evidence, had cross-examined the prosecution witnesses as he saw it fit.…

…The case for the prosecution was that the accident was caused by the appellant in that he had driven at a high speed as well as on the wrong side of the road and also failed to brake in time to avoid hitting the deceased.…

…The prosecution of the appellant arose from an accident which occurred within Thika Municipality on 11.8.88.…

…Further the amount of money stolen did not belong to the Government of Kenya and as such the prosecution in the lower courts has failed to establish this fact.…

…The prosecution required to prove that the appellant was the one who played a part in dealing with certain documents to prove that he stole.…

…For our purpose here, the main complaint against the prosecution is non-compliance with (c), namely, failure by the prosecution to include certain documents, or exhibits in the committal bundles.…

…There is in the bundle a list of prosecution witnesses the prosecution intends to rely on and their addresses. We have included a list of exhibits and these number 301.…

…I suppose it is fair to say that, if the money was in dollars and the appellant was expected to exchange them on the black-market, it would be unlikely that the prosecution witnesses would say so.…

…There was some substance in the account of the appellant which was to be negatived by the prosecution. On the evidence available, the appellant always said that someone had taken the money.…