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…argued, have alerted the magistrate to the coercion being brought to bear on the appellant, and appreciating what had happened, the magistrate should have changed the appellant’s plea to a plea of not guilty, and put the prosecution…

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

…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…

…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.…

…suit and the same was never served upon the Plaintiffs until 08.01.2007(five(5) months after filing and almost two(2) months after the Ruling of 27.11.2006 which application is now fixed for hearing on 10.05.2007 3) The prosecution…

…suit and the same was never served upon the Plaintiffs until 08.01.2007(five(5) months after filing and almost two(2) months after the Ruling of 27.11.2006 which application is now fixed for hearing on 10.05.2007 3) The prosecution…

…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…

…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.…

…That would perfectly be a valid defence to a criminal charge, for the prosecution would be duty-bound to prove beyond any reasonable doubt that it was D.W.1 who was in charge of the Ferry at the time of the accident.…

…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 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.…

…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.…

…Briefly the prosecution case was that on the night of 23rd/24th July, 1992 at about 1 a.m while Alice Ogilo Okonqo (PW3), who was stayinq in a church house at Uranga Sub-Location, East Gem Location, Siaya District was breast…

…Briefly the prosecution case was that on the night of 23rd/24th July, 1992 at about 1 a.m while Alice Ogilo Okonqo (PW3), who was stayinq in a church house at Uranga Sub-Location, East Gem Location, Siaya District was breast…

…The burden of proof lay on the prosecution to prove that Gitonga had not received payment, and the issue of payment was highly controversial.…

…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?…

…“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…