Search court decisions

…Taking the prosecution’s case together with the unchallenged explanation of the appellant, the facts are these: On February 17, 1986, the appellant was driving an Isuzu lorry No KXA 584 along the Narok – Nairobi road in the…

…According to the prosecution, the vehicle lay “across the road”. In order to warn approaching traffic, the appellant placed green branches on the road.…

…Where, however, the prosecution desires to include the other limbs of the offence of handling, the following further count should be added.”…

…Perhaps the learned magistrate thought better of relying on an alternative verdict different from the alternative chosen by the prosecution.…

…The learned trial magistrate, who had the added advantage of seeing and hearing all the witnesses, rejected her defence and accepted the prosecution case.…

…With respect, as Mr Chunga points out, there is evidence from four of the prosecution witnesses that her act was intentional and deliberate and obviously done when her anger had been aroused.…

…It was alleged by the prosecution that he abused the complainant, an assistant chief of his area Mr Evan Nganga PW 1 and threatened to beat him.…

…It was alleged by the prosecution that he abused the complainant, an assistant chief of his area Mr Evan Nganga PW 1 and threatened to beat him.…

…It was alleged by the prosecution that he abused the complainant, an assistant chief of his area Mr Evan Nganga PW 1 and threatened to beat him.…

…The prosecution witnesses agree that there was considerable noise of furniture being thrown about.…

…A jury will be told that the defence of self-defence, where evidence makes its raising possible, will fail only if the prosecution show beyond doubt that what the accused did was not by way of self-defence.…

…As was said in R v Mitlande (1940) 7 EACA 46 the onus is on the prosecution to prove that the confession was voluntary.…

…It is necessary that all the evidence on which the prosecution case is based should be in the assessors’ presence.…

…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 these circumstances the prosecution failed to establish that it was the appellant who broke into the complainant’s house and that he was in fact found in possession of the complainant’s stolen property.…

…The Magistrate did not believe the appellants on the face of the clear evidence against them from the prosecution and rightly so. The convictions are upheld. The appellants have served the sentence passed.…

…The Magistrate did not believe the appellants on the face of the clear evidence against them from the prosecution and rightly so. The convictions are upheld. The appellants have served the sentence passed.…

…In ground 3, the appellant has faulted the trial court both in law and fact in convicting him when the prosecution failed to call essential witnesses to testify.…

…Furthermore, while accepting the principle of law of drawing an adverse inference where the prosecution have failed to call an essential witness as pronounced in Bukenya v.…

…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.…

…He then appealed to the High Court against both the convictions and sentences and among his grounds of appeal were some challenging his identification by the prosecution witnesses who alleged they saw him among the robbers…

…He then appealed to the High Court against both the convictions and sentences and among his grounds of appeal were some challenging his identification by the prosecution witnesses who alleged they saw him among the robbers…

…The prosecution evidence was that three LPO books were lost in August, 1984 from some Government Ministry after it had been supplied by the Government Printer.…

…The prosecution had called three officers from the Ministry of Health to prove that neither the quotation form (Ex 3) nor the LPO (Ex 1) had emanated from that Ministry.…

…It was also in the evidence of the prosecution that the Policemen searched the house immediately after the appellant had escaped from them.…

…It was also in the evidence of the prosecution that the Policemen searched the house immediately after the appellant had escaped from them.…