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…Whether the prosecution proved its case against the Appellants beyond reasonable doubt; and b. Whether there were any material inconsistencies in the prosecution's case. 17.…

…The prosecution was required to demonstrate that the Appellants and the other accused persons had agreed to steal them. 34.…

…All the accused persons pleaded not guilty to the charged of murder and trial commenced before this court on 7 th Feb 2026 with the prosecution calling its first prosecution witness JOHN OGUTU. 4.…

…It was on that basis that the prosecution sought to have the witness declared hostile and that the prosecution be allowed to investigate the witness. RESPONSE TO THE APPLICATION 20. MR.…

…At the close of the prosecution case, the court found that the prosecution had established a prima facie case sufficient to warrant the accused being placed on his defence. 8.…

…The prosecution therefore satisfactorily proved both the fact and cause of death. 12.…

…At inception, this case was heard by Ong’ijo J. who heard one (1) prosecution witness.…

…This court took over the case and heard six (6) more prosecution witnesses as well as the defence case.…

…That the suit was dismissed for want of prosecution is also not contested.…

…Counsel submitted that the said suit was dismissed for want of Prosecution.…

…The prosecution did not call those children as witnesses. 26.…

…inference that their evidence would have been unfavourable to the prosecution.…

…The prosecution availed 6 witnesses to prove the charge against the Respondents.…

…On whether the Prosecution proved their case beyond reasonable doubt, the appellant argued that the prosecution proved their case beyond reasonable doubt.…

…The prosecution was led by Senior Prosecution Counsel Mr. Mark Mugun whereas the accused person was represented by the Learned Counsel Mr. Okara.…

…This evidence was the singular testimony relied upon by the prosecution as they admitted all efforts have been made to trace the witnesses have been unsuccessful.…

…The accomplices are not named in the affidavits thus the presumption is that they are only known to the investigator and the prosecution.…

…The duty to investigate the matter and arrest all culprits remains solely that of the prosecution thus the accused persons cannot be blamed by the prosecution for their inability to trace and arrest the alleged accomplices…

…In the present matter, although the prosecution sought for and was granted time for the investigating officer to file an affidavit formally opposing bond, the prosecution failed to file the affidavit or other formal evidence…

…These claims have not been rebutted by any sworn evidence from the prosecution. 15.…

…motive in his arrest and prosecution.…

…the prosecution was instituted by the Defendant, or by someone for whose acts he is responsible; that the prosecution terminated in his favour; that the prosecution was instituted without reasonable and or probable cause…

…During the trial in the lower court the prosecution called 8 witnesses.…

…The prosecution did not also prove how the respondent orchestrated the transfer of the parcel of land in her name. The prosecution failed to adduce the transfer forms to show who signed them.…

…Having carefully considered the prosecution’s application, the affidavits filed by the parties, and the applicable law, I am of the view that the single issue that arises for determination is whether the prosecution has established…

…Instead, the prosecution must establish the alleged compelling reasons on a balance of probabilities. 31.…

…Having carefully considered the prosecution’s application, the affidavits filed by the parties, and the applicable law, I am of the view that the single issue that arises for determination is whether the prosecution has established…

…Instead, the prosecution must establish the alleged compelling reasons on a balance of probabilities. 31.…

…The prosecution conceded to the appeal 6.…

…Whether the trial court properly evaluated the prosecution and defence evidence; b. Whether the prosecution proved the offence beyond a reasonable doubt; c.…

…1 and 2, together with the birth certificate as Prosecution Exhibit 3.…

…The trial court was therefore required to evaluate it against the entire prosecution case rather than treat the absence of an account of the Appellant's whereabouts as strengthening the prosecution case. 25.…

…The accused submits that disclosure of evidence by the prosecution is not supposed to fill gaps and it is also not meant to be an ambush. That the prosecution had sufficient time to prepare the intended evidence. 24.…

…Such evidence may, if adduced, weaken the prosecution’s case and strengthen that of the defense; whatever may be its nature, the prosecution is still obliged to disclose it to the defense.…

…In conclusion, the Appellant submitted that the cumulative effect of the contradictions in the prosecution evidence, the alleged family grudge, the failure by the prosecution to rebut his defence and the failure to prove…

…Whether the prosecution proved the offence beyond reasonable doubt. ii. Whether the prosecution evidence was credible, consistent and reliable. iii.…

…The claim was grounded on the tort of malicious prosecution for which the 1 st Respondent sought general damages for false imprisonment, unlawful confinement, malicious prosecution, abuse of the legal process, pain & suffering…

…As earlier stated, the 1 st Respondent’s cause of action was founded on malicious prosecution.…