Search court decisions

…The prosecution case was mainly based on the testimony of William Kiti Waita (PW 1). The witness is the KANU Chairman for Khoko Sub-location of Matungulu Location in Yatta Divison.…

…The respondent should not be penalized for the appellant’s tardiness when it had in fact applied to dismiss the suit for want of prosecution at one stage.…

…That being the case, in the present case, on the basis of Section 28(b) of the Evidence Act, the material statements ought to have been excluded in the consideration whether or not the prosecution had proved the case against…

…Therefore there was not the slightest doubt that the appellant had no right to attempt to obtain possession in the way so graphically described in the evidence of the complainant and the witnesses for the prosecution: there…

…Gatonye submitted that even if it were considered it would have been rejected, but the court should have made a finding on it, and in view of the doubtful identification of the appellant at the scene, it was necessary for the prosecution…

…The magistrate did so because all the statements were recorded by the one prosecution witness. We fully agree with the High Court when it said in its judgment: "This was wrong.…

…I will however proceed to refer to the receipts that were relied upon in the prosecution’s case.…

…This was a case which was easy for the prosecution to prove had there been good investigation coupled with a keen handling.…

…Their petitions of appeal, filed on the July 23, 1984, each contained lengthy grounds, but in particular attacked their respective identifications by the prosecution witnesses, upon which of course, their convictions mainly…

…Their petitions of appeal, filed on the July 23, 1984, each contained lengthy grounds, but in particular attacked their respective identifications by the prosecution witnesses, upon which of course, their convictions mainly…

…He does not say in which trafficcase and the result of the prosecution.…

…Briefly the prosecution case was that on the night of 30th of January, 1993 at about 1 am while the complainant, Kesra Kesina (PW1) was sleeping at his house within Mtomodoni village in Kilifi area, he was awakened from sleep…

…Their petitions of appeal, filed on the July 23, 1984, each contained lengthy grounds, but in particular attacked their respective identifications by the prosecution witnesses, upon which of course, their convictions mainly…

…The magistrate did so because all the statements were recorded by the one prosecution witness. We fully agree with the High Court when it said in its judgment: “This was wrong.…

…and liable to pay to the person or persons aggrieved by the removal three times the value of the goods, chattels, stock or crops so removed, in addition to any costs incurred by the person or persons so aggrieved in the prosecution…

…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.…

…At the end of the trial the prosecution had called ten (10) witnesses while the accused had been heard in his defence.…

…That closed the prosecution case. The defence one opened. The accused on oath told this court that he came to the shop of PW9 on duty at 7.00 P.M. on 1st July 1996.…

…We would have wished that the Prosecution had resisted the temptation to comment on sentence in this case, but we think that the comment was so brief, and so much in tune with what the learned Chief Magistrate was already…

…The prosecution had no evidence that these accused stole the property in concert. There were only the rumours.Then the statements of the accused came in.…

…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…