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…Regarding the appellant's alibi defence, he said the same was displaced by the prosecution evidence. He dismissed as unfounded Mr.…

…The prosecution is therefore relying on circumstantial evidence that if the children saw the appellant mix something in a cup, she must be the one who laced the tea with poison. That evidence, however, does not add up.…

…He confirmed his plea by accepting as true the facts narrated by the prosecution.…

…He confirmed his plea by accepting as true the facts narrated by the prosecution.…

…We have already said that the prosecution did not justify the detention.…

…the accused is confused, or there has been inordinate delay in bringing the accused to Court from the date of arrest, then an examination of the circumstances must form an integral part of the facts to be stated by the prosecution…

…APPELLANT VERSUS REPUBLIC……………RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nakuru (Lady Justice R Nambuye) dated 26th November, 1992 in HC CR A No 387 of 1992) JUDGMENT The entire case for the prosecution…

…If the prosecution evidence is accepted then after the arrival of Wanjuki the events that happened constituted corruption.…

…It was the option of the prosecution with which offence to charge the appellant.…

…There was nothing wrong in the appellant having in his possession Kshs 18,000 and he did not have to explain how he came to be in possession of that sum of money, especially as the prosecution had not established that the…

…The prosecution never established the circumstances from which the conclusion of guilt could be drawn and in the absence of establishing such facts there could not be a hypothesis of guilt of the appellant.…

…The learned Judge erred and misdirected himself in law and fact in failing to resolve the material contradictions and discrepancies in the main prosecution witnesses in favour of the appellants. 6.…

…The prosecution and the Judge attached great importance to that evidence.…

…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…

…Such sections are the source for the principles of law relating to the burden of proof being always on the prosecution and the standard of proof to be always beyond reasonable doubt.…

…The facts which we have summarized and upon which the prosecution of the appellant on the two counts of conspiracy were based, were examined by two Courts which were in agreement.…

…The appellant it is true, received monies from Jennifer Gaya but the High Court was not satisfied that the appellant had not properly accounted for them particularly when the evidence of the prosecution in respect of the…

…Mr Owour also submitted that the identification of the applicants was based on the evidence of only one witness and that other persons who might have given material evidence were not called by the prosecution but that Court…

…That being the case, in the present case, on the basis of Section 28(b) of the Evidence Act, the material statements ought to have been excluded in the consideration whether or not the prosecution had proved the case against…

…Gatonye submitted that even if it were considered it would have been rejected, but the court should have made a finding on it, and in view of the doubtful identification of the appellant at the scene, it was necessary for the prosecution…

…The magistrate did so because all the statements were recorded by the one prosecution witness. We fully agree with the High Court when it said in its judgment: "This was wrong.…

…That being the case, in the present case, on the basis of Section 28(b) of the Evidence Act, the material statements ought to have been excluded in the consideration whether or not the prosecution had proved the case against…

…did not include a certified copy of the decree in the record of appeal; that the omission to include the order (sic) decree was a mistake on the part of his then advocate; and that as the applicant had fully entrusted the prosecution…

…did not include a certified copy of the decree in the record of appeal; that the omission to include the order (sic) decree was a mistake on the part of his then advocate; and that as the applicant had fully entrusted the prosecution…

…We are satisfied that the contradictions and discrepancies which the counsel pointed out are not of nature as to render the prosecution evidence as being not worthy of credit or belief.…

…The case for prosecution revolved around the dying statement which the deceased gave as the cause of her death.…