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…who appeared for both appellants directed our attention to three matters: 1. whether the evidence of identification of the appellants was free from the possibility of error; 2. whether the discrepancies in the evidence of prosecution…

…This fact was known to the prosecution at the time that the appellant was arrested on July 4, 1984.…

…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.…

…Because of all these apparent contradictions and the failure of the prosecution to lead evidence on the nature, intensity and location of lights, it was Mr Onyango Otieno’s submission that the second appellant had not been…

…evidence but that apparently the judge did not take into account the effect of the words “account closed’ which appeared on all the cheques which words were defamatory of the appellant and would have subjected him to criminal prosecution…

…The Shorter Oxford English Dictionary (Vol II) offers several definitions of ‘suit’, one of which is: “pursuit, prosecution, legal process.”…

…It is to determine the volunteriness of the statement tendered for the prosecution, because it is axiomatic, in all those systems of law, that a statement by an accused person is not admissible in evidence against him unless…

…If the defence is aware before the commencement of the trial that such an issue will arise the prosecution should then be informed of the fact.…

…“for want of prosecution”.…

…The result of the decision of the village elders in 1947 and that of the Lurambi Court and Ayub’s successful prosecution in 1958 for trespassing on the 1st respondent’s land was that as between Ayub and the 1st respondent…

…It is possible that, since an assault was express mention of criminal responsibility in the pleadings, that the learned judge thought the case should be treated in the same way as a criminal prosecution.…

…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…