Case law
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Division and case type: CriminalCriminal Appeal
…The grounds of appeal are briefly that the judge erred in confirming the conviction when the RM in his judgment had evaluated the evidence for the prosecution in isolation and failed to consider the unsworn statement, also…
…Thus the judge accepted the prosecution’s case and proceeded to dismiss the appeal. That is worse than commission of the error of looking separately at the case for the prosecution and the case for defence.…
Division and case type: Constitutional and Human RightsPetition
…Firstly, on the basis of the charge being defective, yet neither the prosecution nor the court amended it.…
…Masila, Prosecution Counsel, relied on the grounds of opposition filed by the DPP’s Office.…
Division and case type: CriminalCase number Criminal Application
…This court is not unware of speculation circulating in the country and outside as to the likelihood of success of such a prosecution, but such speculation is totally irrelevant to these proceedings.…
…It is interesting to notice that in these application only one point of law has been argued to indicate that there is no likelihood of success of the prosecution, relating to the consent to prosecute.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CivilCivil Appeal
…The Shorter Oxford English Dictionary (Vol II) offers several definitions of ‘suit’, one of which is: “pursuit, prosecution, legal process.”…
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…