Case law
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Division and case type: CriminalCriminal Appeal
…I suppose it is fair to say that, if the money was in dollars and the appellant was expected to exchange them on the black-market, it would be unlikely that the prosecution witnesses would say so.…
…There was some substance in the account of the appellant which was to be negatived by the prosecution. On the evidence available, the appellant always said that someone had taken the money.…
Division and case type: CriminalCriminal Appeal
…Upon a consideration of the evidence the trial magistrate believed the prosecution witnesses but not the evidence of the appellant or his witness or indeed the statutory statement of Makau Mulei and convicted the appellant…
Division and case type: CivilCivil Appeal
…This Court has, in several cases dealing with customary law in criminal cases, decided that where the prosecution relies on a local custom then that local custom must be proved by witnesses called by the prosecution, and…