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…The case for the prosecution was that the complainant Philomena Wambui (PW 1) was travelling home in a matatu when the appellant snatched her handbag, wrist-watch and Kshs 2,150 cash.…

…The learned trial magistrate found the evidence of PW 1 and PW 2 truthful and found that the prosecution had proved its case to the degree required. He accordingly convicted the appellant as charged.…

…The case for the prosecution was that the complainant Philomena Wambui (PW 1) was travelling home in a matatu when the appellant snatched her handbag, wrist-watch and Kshs 2,150 cash.…

…The learned trial magistrate found the evidence of PW 1 and PW 2 truthful and found that the prosecution had proved its case to the degree required. He accordingly convicted the appellant as charged.…

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

…The application was not opposed by the prosecution.…

…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.…

….…….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.…

…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.…

…Some of the prosecution witnesses who testied before the learned trial judge referred to it as a club while others called it a walking stick. The learned trial judge made no reference to its size in his judgment.…

…But the lorry and the maize were in the hands of the Government following the arrest and subsequent successful prosecution of the appellants. How could the maize and lorry be disposed off?…