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…That would lend weight to the prosecution’s contention that the applicant is likely to interfere with the investigations.…

…I refuse this application and order it dismissed and if Mr Aluoch for the applicant is so inclined, he and the prosecution can have the case mentioned before the trial magistrate with a view to getting earlier hearing dates…

…Briefly the evidence for the prosecution was that on 30.4.1994 at about 8 am the complainant Silvanus Odhiambo Odongo (PW1) was sitting outside his house at Kodera Kwoyo in Rongo division when the two appellants who were…

…On my own consideration and evaluation of the matter I find that the evidence in support of the prosecution case was overwhelming and that each of the appellants was properly convicted.…

…In any case where an indictment contains substantive counts and a related conspiracy count, the judge should require the prosecution to justify the joinder, or failing justification, to elect whether to proceed on the substantive…

…The magistrate in that case had called upon the prosecution to justify or elect. That is the order that should have been made in this case.…

…The facts of the prosecution case as stated in the Charge Sheet are as follows: “On 27 th May, 2002 at Modern Farm Lane in Nakuru District within Rift Valley Province, the appellant unlawfully assaulted Nancy Nyambura Nduati…

…The application was not opposed by the prosecution.…

…This point, however has not been taken in the appellant’s memorandum of appeal, neither, in our view, could it be, as it did not form part of the prosecution case but was volunteered from the dock by the appellant.…

…He also submitted that the prosecution evidence as to where the children’s shoes, Exhibit 77, were found was contradictory.…

…That is simply not good enough to establish an essential of the offence, and may, indeed, provide the reason why the prosecution elected to proceed on a charge of rape.…

…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.…

…He confirmed his plea by accepting as true the facts narrated by the prosecution.…

…Some prosecution witnesses said that the period taken was from about midnight to 6.00 am or 5.00 am and that the beating was interrupted with periods of interrogation.…

…At the same time that statement can be said to be corroborated by the evidence of prosecution eye witnesses. That situation is not covered in the Rex v Ndaria case.…

…APPELLANT VERSUS REPUBLIC……………RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nakuru (Lady Justice R Nambuye) dated 26th November, 1992 in HC CR A No 387 of 1992) JUDGMENT The entire case for the prosecution…

…There was nothing wrong in the appellant having in his possession Kshs 18,000 and he did not have to explain how he came to be in possession of that sum of money, especially as the prosecution had not established that the…

…The prosecution never established the circumstances from which the conclusion of guilt could be drawn and in the absence of establishing such facts there could not be a hypothesis of guilt of the appellant.…

…I will however proceed to refer to the receipts that were relied upon in the prosecution’s case.…

…This was a case which was easy for the prosecution to prove had there been good investigation coupled with a keen handling.…

…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.…

…That being the case, in the present case, on the basis of Section 28(b) of the Evidence Act, the material statements ought to have been excluded in the consideration whether or not the prosecution had proved the case against…

…The appellant however has taken the prosecution witnesses to task. He has pointed out carefully some discrepancies in their evidence.…

…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…

…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.…