Judgment
Case law
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Division and case type: Milimani Commercial CourtsCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…It was also in the evidence of the prosecution that the Policemen searched the house immediately after the appellant had escaped from them.…
Division and case type: CriminalCriminal Case
…The application was not opposed by the prosecution.…
Division and case type: Milimani Commercial CourtsCivil Suit
….…….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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Case
…O XV1 deals with the prosecution of suits and adjournments. O XV1 rule 4, is instructive. On 9th May, 1989, the suit came for trial. An application for adjournment was made on behalf of the plaintiff, and, was granted.…
Division and case type: CriminalCriminal Appeal
…Some of the prosecution witnesses who testied 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.…
Division and case type: CriminalCriminal Appeal
…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?…