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…It was the prosecution case that at the material time being 1 pm of 12th December, 1989 PW 1 who was the herdsboy for all the animals charged as robbed from him, took the herd and flock of sheep to water.…

…In the ultimate this Court is left in enormous doubt as to the quality of the prosecution evidence against the appellant.…

…It was the prosecution case that at the material time being 1 pm of 12th December, 1989 PW 1 who was the herdsboy for all the animals charged as robbed from him, took the herd and flock of sheep to water.…

…In the ultimate this Court is left in enormous doubt as to the quality of the prosecution evidence against the appellant.…

…Mr Prinja, in arguing grounds 5 and 6 of his appeal, alleged that the judge had considered the cases of the prosecution and of the defence in isolation to each other and had first accepted the evidence adduced by the prosecution…

…The learned judge set out the case for both the prosecution and the defence in some detail.…

…It is only where the accused challenges such reports during his trial that the prosecution would and should seek leave to call the maker thereof in order that he may be subjected to crossexamination.…

…The charge as laid down was what the prosecution were called to prove. The trial magistrate found that the 2nd accused had no mens rea and acquitted him.…

…Both the trial court and the superior court had believed and accepted the evidence of the complainant and the rest of the prosecution witnesses and had rejected the appellant’s version of the incident.…

…The evidence of the sole prosecution witnesses to the incident, that is the evidence of the complainant, was fully corroborated by that of the other four Tanzanians who had contributed to the sum that was brought by the complainant…

…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.…

…when but the appellant formed the opinion that his collegues had schemed against him and that consequently a crime had been committed so in 1986 the appellant went before the Chief Magistrate for permission for private prosecution…

…In the instant case, the appellant was pursuing a right to file a private prosecution. Only the Attorney-General has the right under section 26 of the Constitution to institute criminal proceedings.…

…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…

…As a consequence of being led to believe that there would be no prosecution the accused may have destroyed or lost evidence in his favour.…

…This prosecution will therefore be an abuse of the process of the Court, oppressive and vexatious.…

…His conviction cannot be sustained as the prosecution was conducted by unauthorised public prosecutor, namely, Police Constable Mutisya. Conviction is quashed and sentence of two years and 4 strokes is set aside.…

…Jami prosecution counsel has served the appellants a Notice of enhancement of Sentence from fifteen (15) years to life imprisonment.…

…Otara: We had filed a motion which was served on the Director of Public Prosecution. Mr.…

…This report was prepared by the only prosecution witness, PW 2, George Odera who is a quality controller with the Kenya Bureau of Standards.…

…The defence cannot anticipate what witnesses are to be called by the prosecution. PW 1 the person who took the samples did not testify that he was present at their examination by PW 2.…

…At the close of the prosecution case the appellant’s advocate told the court that the defence would be an alibi. The appellant made an unsworn statement in court.…

…Halima was called to testify for the prosecution. She was declared a hostile witness.…

…Kivihya appearing for the Director of Public Prosecutions opposing the appeal as one without merit submitted that the doctrine of recent possession was properly applied.…

…In the case of Arum v Republic, Court of Appeal at Kisumu Criminal Appeal no. 85 of 2005, it was held that the doctrine of recent possession is applicable where the court is satisfied that the prosecution have proved the…

…The prosecution case before the trial court was that the appellant made a document purporting it to be a sale agreement made and signed by one SALIM AWADH SULEIMAN, agreeing to sell his house at Chaani, Mombasa, to her at…

…The prosecution called evidence to show that a handwritten document which was exhibited may have been forged. A copy of the document was in the possession of the appellant.…

…It may also be observed that for a conviction to be had in offences involving sexual transgressions, the need for corroboraiton of the evidence of prosecution is essential.…

…During the course of the trial, the prosecution sought to adduce the cautionary statement of the appellant in evidence.…

…Being itself inadmissible, the confession of the 1st accused is of no assistance to the prosecution case.…

…The prosecution clearly showed contact with the vehicle by the 2nd accused at some time.…

…He accepted the evidence adduced by the prosecution witnesses in full.…

…more important, to enable the accused to know the actual elements of the charge the prosecution is out to prove by the evidence it will be adducing.…

…iii) of the Act provides as follows: “185(d)(iii) Any person who acquires, has in his possession, …, any goods which he knows, or ought reasonably to have known to be uncustomed goods, shall be guilty of an offence …” The prosecution…

…The two lower courts found that the appellant was in possession of the goods on his own admission, and the prosecution proved that the goods in question were dutiable.…