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…The grounds of appeal are briefly that the judge erred in confirming the conviction when the RM in his judgment had evaluated the evidence for the prosecution in isolation and failed to consider the unsworn statement, also…

…Thus the judge accepted the prosecution’s case and proceeded to dismiss the appeal. That is worse than commission of the error of looking separately at the case for the prosecution and the case for defence.…

…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.…

…His argument before that Court was that the entire prosecution case against him was dependent on the alleged evidence of identification.…

…Without its consideration and findings made on it, the issue of the appellant’s correct identification remained unresolved, since that defence conflicted with the prosecution case in that connection.…

…The trial Magistrate and the Judge erred in failing to hold that the prosecution had failed to dislodge the appellant’s cross-examination by the prosecution.…

…On the 4th October 1985, shortly before the prosecution put its show on the road, Mr Sereje who appeared for the defence before the trial Magistrate and before us gave the prosecution notice that the appellant’s case was…

…Defence counsel was present from the commencement of the trial up to the close of the prosecution case but was absent on May 22, 1985 when the defence case opened.…

…Again and on his behalf, his counsel who was present throughout the presentation of the prosecution evidence, had cross-examined the prosecution witnesses as he saw it fit.…

…It was the prosecution case that it was the same gun with which the conductor of the bus had been shot and killed.…

…The learned trial magistrate rejected their defence and, accepting the prosecution case, convicted and sentenced them as offered.…

…So the prayers which were left were, firstly that the suit be struck out for being an abuse of the process of the court and for want of prosecution. An application under O.…

…In the above circumstances it is my view that the application for the dismissal of this suit for want of prosecution under O. XVI rule 5 is premature.…

…The case for the prosecution was that the accident was caused by the appellant in that he had driven at a high speed as well as on the wrong side of the road and also failed to brake in time to avoid hitting the deceased.…

…The prosecution of the appellant arose from an accident which occurred within Thika Municipality on 11.8.88.…

…The prosecution case against the appellant was that at about 5.30 am on December 11, 1983 he gave a Seiko wrist watch to a waitress named Mary Jane Akinyi Otieno at the Mirangi Day and Night club within the Nakuru District…

…Section 200 is not to be invoked where, as seemingly in the instant case, such a halfheard trial is a short one, it could be conveniently started de novo because the prosecution witnesses are still available locally, and…

…He blamed the officer in charge Diani Police Station as having been instrumental in his arrest, beating and subsequent prosecution.…

…Having come to the foregoing conclusion, the tort of malicious prosecution must of necessity fail. There was justification for the arrest, detention and prosecution of the plaintiff.…

…Further the amount of money stolen did not belong to the Government of Kenya and as such the prosecution in the lower courts has failed to establish this fact.…

…The prosecution required to prove that the appellant was the one who played a part in dealing with certain documents to prove that he stole.…

…The prosecution claimed that they had robbed one John Bwana Opundo of cash Kshs 6000. According to the prosecution, the complainant arrived from Bondo with a view to do some shopping in Kisumu. He has a shop there.…

…He held that the prosecution’s version of the matter was the side of truth and that the appellant and his confederates indeed robbed the complainant of his money.…

…The complaint advanced on behalf of the appellant as we understood it is that the prosecution acted unfairly in adducing the medical evidence upon which the High Court adjudged that the appellant was mentally sick at the…

…The prosecution was required to prove intent and the nature of things the prosecution properly decided that it had become necessary to satisfy the court that the appellant was insane at the time he killed.…

…For our purpose here, the main complaint against the prosecution is non-compliance with (c), namely, failure by the prosecution to include certain documents, or exhibits in the committal bundles.…

…There is in the bundle a list of prosecution witnesses the prosecution intends to rely on and their addresses. We have included a list of exhibits and these number 301.…

…I suppose it is fair to say that, if the money was in dollars and the appellant was expected to exchange them on the black-market, it would be unlikely that the prosecution witnesses would say so.…

…There was some substance in the account of the appellant which was to be negatived by the prosecution. On the evidence available, the appellant always said that someone had taken the money.…

…Ogada is that the evidence of the prosecution witness was contradictory.…

…He submitted that the alleged contradictions in the evidence of the prosecution witnesses were minor and did not affect the conviction.…

…He submitted that the summing up by the Judge Advocate was one sided and concentrated mainly on the prosecution's case.…

…The prosecution demonstrated that the Applicant was recalled to Nanyuki Barracks because he did not have the qualifications to handle push up duties.…

…He submitted that the summing up by the Judge Advocate was one sided and concentrated mainly on the prosecution's case.…

…The prosecution demonstrated that the Applicant was recalled to Nanyuki Barracks because he did not have the qualifications to handle push up duties.…

…The Court took the view that the prosecution’s failure to call those two suspects as witnesses raised the inevitable presumption that had they been called they would have given evidence unfavourable to the prosecution’s case…

…This raised the inevitable presumption that witnesses if called would have given unfavourable evidence against the prosecution. This failure on the part of the prosecution was fatal to the conviction.…