Judgment
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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: CriminalCase number Criminal Application
…That charge, he alleges, arose in the performance of his duties as an advocate and according to him, before the prosecution could be started by the Attorney-General section 80 of the Advocates Act should have been complied…
…The proviso to that section is to the effect that no prosecution for an offence under that section shall be instituted unless a report has been made to the Attorney – General by the Disciplinary Committee created under the…
Division and case type: CriminalCriminal Appeal
…The quotation above relates to the U.K. whose Act of 1956, if it still operates, is longer and wider on subjects but apparently excluding criminal prosecutions.…
…It was incumbent on the prosecution to prove that such rights actually existed.…
Division and case type: CriminalCriminal Case
…The application was not opposed by the prosecution.…
Division and case type: CriminalCriminal Appeal
…Briefly the prosecution case was that on the 19.6.94 at about 1.30 p.m. 3 robbers struck at the home of the complainant JOHN KASIMILI and robbed him of his T.V. and radio cassette in the course of the robbery, those robbers…
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
…The rest of the evidence relied upon by the prosecution was largely based on the testimony of Asst. I.P Thompson Makala (PW14) of Tanzanian police force.…
Division and case type: CriminalCriminal Appeal
…The rest of the evidence relied upon by the prosecution was largely based on the testimony of Asst. I.P Thompson Makala (PW14) of Tanzanian police force.…
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?…