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…The Court took the view that the prosecution’s failure to call those two suspects as witnesses raised the inevitable presumption that had they been called they would have given evidence unfavourable to the prosecution’s case…

…This raised the inevitable presumption that witnesses if called would have given unfavourable evidence against the prosecution. This failure on the part of the prosecution was fatal to the conviction.…

…Miss Njeru attacked the judgement on a broader argument on the grounds which I can summarise thus, that the prosecution did not prove its case beyond reasonable doubt, that she imported unproven matters into the judgement…

…He said the Burden on the prosecution was not shifted and he supported the reliance on circumstantial evidence by the Magistrate. He Claimed that Receipts were original under S. 65 (4) of the evidence Act.…

…Miss Njeru attacked the judgement on a broader argument on the grounds which I can summarise thus, that the prosecution did not prove its case beyond reasonable doubt, that she imported unproven matters into the judgement…

…He said the Burden on the prosecution was not shifted and he supported the reliance on circumstantial evidence by the Magistrate. He Claimed that Receipts were original under S. 65 (4) of the evidence Act.…

…Briefly the prosecution case was that on the 19.6.94 at about 1.30 p.m. 3 robbers struck at the home of the complainant JOHN KASIMILI and robbed him of his T.V. and radio cassette in the course of the robbery, those robbers…

…A total of 12 witnesses testified for the prosecution. All the accused persons gave unsworn evidence and called no witnesses.…

…This confirms the evidence of the prosecution that he gained entry through the roof and when he was told to come out the way he had gotten in and he came out through the roof.…

…At the end of the trial the prosecution had called ten (10) witnesses while the accused had been heard in his defence.…

…That closed the prosecution case. The defence one opened. The accused on oath told this court that he came to the shop of PW9 on duty at 7.00 P.M. on 1st July 1996.…

…The rest of the evidence relied upon by the prosecution was largely based on the testimony of Asst. I.P Thompson Makala (PW14) of Tanzanian police force.…

…The rest of the evidence relied upon by the prosecution was largely based on the testimony of Asst. I.P Thompson Makala (PW14) of Tanzanian police force.…

…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…