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…On that date (February 23, 1982) the respondent appeared before the chief magistrate when prosecution indicated that they intended to consolidate this case with another case.…

…The above section applies where the prosecution have called witnesses to testify against the accused and after the close of the prosecution case. Clearly that was not the position in the present case.…

…It was the prosecution case that it was the same gun with which the conductor of the bus had been shot and killed.…

…The learned trial magistrate rejected their defence and, accepting the prosecution case, convicted and sentenced them as offered.…

…It is of course the duty of the prosecution to prove the case against the accused in accordance with Section 45(2) of the Penal Code and beyond reasonable doubt.…

…It is also the duty of the prosecution to prove the criminal intent of the accused person, that is, the intent to overthrow by unlawful means of the Government and the prosecution must also prove the overt acts being the…

…However, it was not the prosecution’s case that there had been fighting between PW 1 and the appellant, but rather that the appellant had suddenly and violently struck him without any provocation.…

…she would have supported and strengthened the prosecution case against the appellant.…

…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.…

…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.…

….…….. 3RD DEFENDANT RULING The three defendants herein have brought this application for an order that the suit filed against them by the defendant be dismissed for want of prosecution.…

…When he was faced with the same situation in the first application for dismissal for want of prosecution, Mulwa, J. declined to do so in the interests of justice because as he put it the dismissal would have affected numerous…

…There is no allegation in the supporting affidavit that the Judgment-Debtor cannot afford to deposit the decretal sum as ordered, or that such deposit will so affect its operations as to amount to a fetter on prosecution…

….…….4TH DEFENDANT RULING The first and second defendants have pending before court a Notice of Motion dated 27th July 2006 seeking the dismissal of this suit for want of prosecution.…

…The prosecution case was mainly based on the testimony of William Kiti Waita (PW 1). The witness is the KANU Chairman for Khoko Sub-location of Matungulu Location in Yatta Divison.…

…suit and the same was never served upon the Plaintiffs until 08.01.2007(five(5) months after filing and almost two(2) months after the Ruling of 27.11.2006 which application is now fixed for hearing on 10.05.2007 3) The prosecution…

…suit and the same was never served upon the Plaintiffs until 08.01.2007(five(5) months after filing and almost two(2) months after the Ruling of 27.11.2006 which application is now fixed for hearing on 10.05.2007 3) The prosecution…