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…The prosecution contended that the bandits paid the appellant for his services and the payment was in the form of some cattle.…

…On those facts the prosecution contended that the appellant consorted with the robbers.I agree with Mr. Metho, the learned Principal State Counsel, that those facts did not really constitute the charge of consorting.…

…In these circumstances the prosecution failed to establish that it was the appellant who broke into the complainant’s house and that he was in fact found in possession of the complainant’s stolen property.…

…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.…

….124 K.E.A. which says: "Not withstanding the provisions of Section 19 of theOaths and Statutory Declarations Act, where the evidenceof a child of tender years is admitted in accordance withthat section on behalf of the prosecution…