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…brief is as follows:- PW1 the 1st plaintiff, PW5 a nephew of the 1st plaintiff and uncle to 2nd plaintiff and PW6 brother to 1st plaintiff and uncle to the 2nd plaintiff were firm both in their examination-in-chief and cross-examination…

…In cross-examination he stated:- “I have not cultivated plot No 243 or 1022 as I was not married, I was married in 1980. I have not cultivated it because the defendant refused.”…

…The evidence of the ballistics expert as to his conclusions does not appear to have been seriously challenged in cross-examination.…

…As a recorded police statement, not made on oath, not subject to the test of cross examination, exhibit 122 could not take the place of sworn testimony.…

…He further added that PW5 in his evidence had said during cross examination that he (PW5) almost fought with the third accused when he threatened to take the complainant’s cattle by force and further that it was second accused…

…And during cross-examination by the state counsel he admitted that the land acquired included a stony area near the river whose acreage he did not know.…

…Then she made significant observations during her cross examination by the appellants to the 1st accused (1st appellant) she said.…

…But under pressure of cross examination by Mr Olago-Aluoch, Charles said that the second accused used “Powoo” once on the deceased and that was at the stage when they were on the way from Ayub’ s house to William’s house.…

…Under further pressure of cross examination by Mr Wasilwa, the witness started speaking as if “Powoo” was even used in William’s house.…

…Under cross-examination, the respondent explained that the accident involved the subject vehicle and another, but he sued in respect of the subject vehicle as it was the one in which he was traveling.…

…been shot at by some unknown persons and that they had later come upon a group of people among whom were James, Vincent, Nicholas and Peter who were preparing to burn houses of Tesos because as he said rather lamely, in cross…

…examination, "they were many in a house".…

…During cross-examination the applicant admitted during 1966 he was about 16 to 17 years old at Kiajuthu Secondary School and that he started working as a teacher (untrained) in Baringo District from 1970.…

…Cpl Joel Mutokaa (PW5) who arrested the appellant herein confirmed to the Court during cross-examination that the offences for which the appellant had initially arrested the complainant and others “were never investigated…

…Gacheche went on to describe particulars of their books and answered in cross examination to Mr. Mungata (for the 1st accused who was acquitted) that: “I am a publisher. I am the Managing Director of Phoenix Publishers.…

…The excuse he gave during cross-examination at the trial was that the police did not ask him if he could recognise anybody. He also confesses that he could not see the faces of the attackers.…

…Neither witness was successfully challenged in cross-examination and we think that both the magistrate and the judge were entitled, and indeed right, to find on the complainant’s evidence, as so supported, that Kshs 105,000…

…The plaintiff admitted under cross-examination that prior to the theft he knew he was only supposed to use the subject motor vehicle for carrying his own goods.…

…The plaintiff admitted under cross-examination that it was improper to deposit that cheque in an account other than that of the payee named on it. He said: “The cheque was made out to Pump Maintenance EA Ltd.…

…The plaintiff testified in cross-examination that the cheque from Caltex Oil (K) Ltd, was to be cashed through this account and then the proceeds be immediately transferred to account No 4034345.…

…In cross-examination the witness conceded that at the time the accident took place, the trailer was 2 years old and was worth Shs 3.9 million.…

…In cross-examination the witness conceded that at the time the accident took place, the trailer was 2 years old and was worth Shs 3.9 million.…

…In cross-examination by Mr. Jiwaji for the defendant, this witness said- “There were many people who were going to work. It was about 9.30a.m. I had no watch. There were many people on the road as usual.…

…In the rst place an unsworn statement amounts to no evidence, given that such evidence cannot be tested by way of cross-examination.…