Search court decisions

…The prosecution case was dependent on the evidence of PW1.…

…In the result, I am persuaded that the prosecution has proved its case beyond reasonable doubt that the accused beat the deceased for 20 minutes.…

…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.…

…For the prosecution case to succeed, it was incumbent upon the prosecution to prove that each and every averment of fact contained in the affidavit of the appellant complained of was false and in particular as regards of…

…When the trial magistrate find that there was no clear evidence asto the falsely in his affidavit then that was sufficient to entitle the appellant to be acquitted as the onus was on the prosecution to prove its case beyond…

…In his petition of appeal the main grounds of complaint are that the learned trial magistrate disregarded his defence; that she convicted him on the basis of conflicting prosecution evidence; that the police officer who arrested…

…It will perhaps be appropriate to set out a summary of the prosecution case as it emerged in the court below.…

…In his petition of appeal the main grounds of complaint are that the learned trial magistrate disregarded his defence; that she convicted him on the basis of conflicting prosecution evidence; that the police officer who arrested…

…It will perhaps be appropriate to set out a summary of the prosecution case as it emerged in the court below.…

…The prosecution evidence establishes the use of force and the unfortunate loss of the complainant’s husband. The thrust of the prosecution evidence is that the assailants were many in number.…

…Why did it take three days to arrest the appellant who was a neighbour and whose whereabouts it is said were well known to the prosecution witness?…

…However, it was not the prosecution’s case that there had been fighting between PW 1 and the appellant, but rather that the appellant had suddenly and violently struck him without any provocation.…

…she would have supported and strengthened the prosecution case against the appellant.…

…In his grounds of appeal to the High court the appellant complained that the prosecution evidence against him was fabricated lies and unreliable.…

…The key prosecution witnesses were Richard Ng’eno (PW 1) and Peter Munyao (PW 2). Richard was supposed to be the one who saw the appellant lock himself in the toilet and then he called Peter.…

…That charge, he alleges, arose in the performance of his duties as an advocate and according to him, before the prosecution could be started by the Attorney-General section 80 of the Advocates Act should have been complied…

…The proviso to that section is to the effect that no prosecution for an offence under that section shall be instituted unless a report has been made to the Attorney – General by the Disciplinary Committee created under the…

…It was the prosecution case that at the material time being 1 pm of 12th December, 1989 PW 1 who was the herdsboy for all the animals charged as robbed from him, took the herd and flock of sheep to water.…

…In the ultimate this Court is left in enormous doubt as to the quality of the prosecution evidence against the appellant.…

…The prosecution case was dependent on the evidence of PW1.…

…In the result, I am persuaded that the prosecution has proved its case beyond reasonable doubt that the accused beat the deceased for 20 minutes.…

…The prosecution case was dependent on the evidence of PW1.…

…In the result, I am persuaded that the prosecution has proved its case beyond reasonable doubt that the accused beat the deceased for 20 minutes.…

…Firstly, on the basis of the charge being defective, yet neither the prosecution nor the court amended it.…

…Masila, Prosecution Counsel, relied on the grounds of opposition filed by the DPP’s Office.…

…when but the appellant formed the opinion that his collegues had schemed against him and that consequently a crime had been committed so in 1986 the appellant went before the Chief Magistrate for permission for private prosecution…

…In the instant case, the appellant was pursuing a right to file a private prosecution. Only the Attorney-General has the right under section 26 of the Constitution to institute criminal proceedings.…

…As a consequence of being led to believe that there would be no prosecution the accused may have destroyed or lost evidence in his favour.…

…This prosecution will therefore be an abuse of the process of the Court, oppressive and vexatious.…

…As a consequence of being led to believe that there would be no prosecution the accused may have destroyed or lost evidence in his favour.…

…This prosecution will therefore be an abuse of the process of the Court, oppressive and vexatious.…

…Nonetheless, counsel for the respondent submitted that the intended appeal will only delay the prosecution of H.C.C.C.…

…Whether or not such an appeal will turn on a serious issue or it will only serve to delay the prosecution of the suit in the superior court is not possible to say with any amount of firmness as there is insufficient material…

…This report was prepared by the only prosecution witness, PW 2, George Odera who is a quality controller with the Kenya Bureau of Standards.…

…The defence cannot anticipate what witnesses are to be called by the prosecution. PW 1 the person who took the samples did not testify that he was present at their examination by PW 2.…

…Kivihya appearing for the Director of Public Prosecutions opposing the appeal as one without merit submitted that the doctrine of recent possession was properly applied.…

…In the case of Arum v Republic, Court of Appeal at Kisumu Criminal Appeal no. 85 of 2005, it was held that the doctrine of recent possession is applicable where the court is satisfied that the prosecution have proved the…