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…Briefly the prosecution case was that on the night of 23rd/24th July, 1992 at about 1 a.m while Alice Ogilo Okonqo (PW3), who was stayinq in a church house at Uranga Sub-Location, East Gem Location, Siaya District was breast…

…Briefly the prosecution case was that on the night of 23rd/24th July, 1992 at about 1 a.m while Alice Ogilo Okonqo (PW3), who was stayinq in a church house at Uranga Sub-Location, East Gem Location, Siaya District was breast…

…The burden of proof lay on the prosecution to prove that Gitonga had not received payment, and the issue of payment was highly controversial.…

…It is to determine the volunteriness of the statement tendered for the prosecution, because it is axiomatic, in all those systems of law, that a statement by an accused person is not admissible in evidence against him unless…

…If the defence is aware before the commencement of the trial that such an issue will arise the prosecution should then be informed of the fact.…

…But the lorry and the maize were in the hands of the Government following the arrest and subsequent successful prosecution of the appellants. How could the maize and lorry be disposed off?…

…The prosecution had opportunity to produce the OB of Langata PS to show otherwise. It isunfortunate that it was not so done.…

…The prosecution had opportunity to produce the OB of Langata PS to show otherwise. It isunfortunate that it was not so done.…