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…The complaint advanced on behalf of the appellant as we understood it is that the prosecution acted unfairly in adducing the medical evidence upon which the High Court adjudged that the appellant was mentally sick at the…

…The prosecution was required to prove intent and the nature of things the prosecution properly decided that it had become necessary to satisfy the court that the appellant was insane at the time he killed.…

…At the close of the prosecution case the evidence presented can be summarized as follows: The deceased and P.W.1 Johnson Kamau (Kamau) had been given Kshs.5,000/= by their employer, P.W.2, Francis Karanja Mwai (Karanja) to…

…At the close of the prosecution case, the court must consider the above evidence in order to determine whether or not it discloses a prima facie case against the two accused persons.…

…is founded upon the Constitution and a challenge to this authority must be direct and can only be dealt with in the High Court. (8) The conduct of criminal prosecutions is always a matter of public interest; therefore the…

…The above holding may be the correct exposition of the law but again that court decided as follows:- “Suppose the Attorney General, while conducting a prosecution that to all right-thinking people ought to be pursed, abruptly…

…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.…

…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.…

…The said principles include the nature of the charge or offence and the seriousness of the punishment to be imposed if the applicant is found guilty, the strength of the prosecution’s case, the character and the antecedents…

…of the accused and the likelihood that the applicant will interfere with the prosecution’s witnesses.…

…The prosecution case accepted by the two lower courts was that the house of Sister Wafula, a matron at Mr Elgon Hospital at Kitale was broken into on November 20, 1981, and six table chairs, two small tables, a fire place…

…The second accused’s evidence supported the prosecution’s case in a material respect. It undermined the appellant’s defence.…

…officers found 15 rounds each, that his defence was rejected without sufficient or reasonable grounds, that the learned magistrate unjustifiably disallowed the evidence of his co-accused, which exonerated him, that the prosecution…

…In any event, the appellant was not charged with these suspects nor did circumstances require prosecution to call the suspects who may not have been charged with any offence unless there was a possibility raised that the…

…There were two witnesses called for prosecution.…

…Although the witness said the gun found in the vehicle driven by the 3rd appellant was identical to one of those used in the robbery, he could not identify any of the robbers and obviously the prosecution knew there was insufficient…

…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.…

…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.…

…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 facts of the prosecution case as stated in the Charge Sheet are as follows: “On 27 th May, 2002 at Modern Farm Lane in Nakuru District within Rift Valley Province, the appellant unlawfully assaulted Nancy Nyambura Nduati…

…In this appeal he complains that his case was not investigated and was given no opportunity to question the prosecution witnesses and in effect he denies the charge against him.…

…The application was not opposed by the prosecution.…

…APPELLANT VERSUS REPUBLIC……………RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nakuru (Lady Justice R Nambuye) dated 26th November, 1992 in HC CR A No 387 of 1992) JUDGMENT The entire case for the prosecution…

…There was nothing wrong in the appellant having in his possession Kshs 18,000 and he did not have to explain how he came to be in possession of that sum of money, especially as the prosecution had not established that the…

…The prosecution never established the circumstances from which the conclusion of guilt could be drawn and in the absence of establishing such facts there could not be a hypothesis of guilt of the appellant.…

…That is simply not good enough to establish an essential of the offence, and may, indeed, provide the reason why the prosecution elected to proceed on a charge of rape.…

…The principal state counsel indicated to me at the hearing of the appeal that he does not support the conviction because of material contradiction in the evidence for the prosecution.…