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…We therefore find the evidence the evidence given by the prosecution witnesses to have compellingly established that the offence of robbery had been committed as charged; and upon the clear and credible evidence of the prosecution…

…His conviction cannot be sustained as the prosecution was conducted by unauthorised public prosecutor, namely, Police Constable Mutisya. Conviction is quashed and sentence of two years and 4 strokes is set aside.…

…However, the words of the appellant that he bought the shoes, the subject matter of the prosecution, from a market at Taita-Taveta, did not per se show the shoes were not uncustomed to his knowledge, and that he was an innocent…

…The circumstances under which he was arrested with them, and the fact that he admitted he was arrested as the prosecution alleged, clearly showed he had full knowledge of the offence he was charged with and knew what he was…

…Where, however, the prosecution desires to include the other limbs of the offence of handling, the following further count should be added.”…

…Perhaps the learned magistrate thought better of relying on an alternative verdict different from the alternative chosen by the prosecution.…

…It was alleged by the prosecution that he abused the complainant, an assistant chief of his area Mr Evan Nganga PW 1 and threatened to beat him.…

…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.…

…It was also in the evidence of the prosecution that the Policemen searched the house immediately after the appellant had escaped from them.…

…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.…

…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.…

…It appears that the prosecution accepted a plea to manslaughter contrary to section 205 of the Penal Code, that is that he unlawfully killed the deceased.…

…It was undoubtedly proved to the court by the prosecution that on the night of 6th May 1991 a gang of men forced their way into the house of the complainants.…

…The evidence for the prosecution was that some 50 Kuria civilians, which included the second and the third accused (1st & 2nd appellants) went to the home of the Masai complainant (PW1) looking for some stolen head of cattle…

…On the evidence for the prosecution it was not established as to who actually drove the cattle to the home Elizabeth.…

…Briefly, the prosecution case was that on the 15th day of September, 1993 at about 6 pm Sgt Malat Ayot (PW1) and PC Roiman Sadara (PW2) both of the Anti-Nacortic Unit of the CID based at Malindi acting on a tip-off, laid…

…There was accordingly consistent evidence by the prosecution witnesses that the appellant took the radio cassette to the house of PW.2 and also that it was the appellant who took the two leopard skins to the kitchen in which…

…The evidence relied upon by the prosecution to prove that this photocopy certificate was a forgery was overwhelming.…

…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.…

…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…

…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…