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…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.…

…Out of the seven witnesses called by the Prosecution to provetheir case, only two were presented as eye witnesses to whattranspired on that fateful day.…

…The Prosecution says the heavy object was the hoe handle whichonly Maria, P.W.3 saw and said it was used. One week later shegave it to Pc Alugongo who produced it as an exhibit.…

…Out of the seven witnesses called by the Prosecution to provetheir case, only two were presented as eye witnesses to whattranspired on that fateful day.…

…The Prosecution says the heavy object was the hoe handle whichonly Maria, P.W.3 saw and said it was used. One week later shegave it to Pc Alugongo who produced it as an exhibit.…

…There are, however, other aspects of the case for the prosecution which we must consider.…

…Inspector David Wangombe who investigated the murder also gave evidence for the prosecution which has some unusual features.…

…At the close of the prosecution case the evidence presented can be summarized as follows: The deceased and P.W.1 Johnson Kamau (Kamau) had been given Kshs.5,000/= by their employer, P.W.2, Francis Karanja Mwai (Karanja) to…

…At the close of the prosecution case, the court must consider the above evidence in order to determine whether or not it discloses a prima facie case against the two accused persons.…

…It is of course the duty of the prosecution to prove the case against the accused in accordance with Section 45(2) of the Penal Code and beyond reasonable doubt.…

…It is also the duty of the prosecution to prove the criminal intent of the accused person, that is, the intent to overthrow by unlawful means of the Government and the prosecution must also prove the overt acts being the…

…is founded upon the Constitution and a challenge to this authority must be direct and can only be dealt with in the High Court. (8) The conduct of criminal prosecutions is always a matter of public interest; therefore the…

…The above holding may be the correct exposition of the law but again that court decided as follows:- “Suppose the Attorney General, while conducting a prosecution that to all right-thinking people ought to be pursed, abruptly…

…The defendant seeks an order for the dismissal of the suit for want of prosecution.…

…The third defendant has sufficiently proved that the action as against him ought to be dismissed for want of prosecution.…

…It is accepted that in an action for malicious prosecution the plaintiff cannot succeed unless he establishes the following essential ingredients of the tort known as malicious prosecution.…

…Was the alleged arrest and imprisonment of the plaintiff unlawful and the prosecution that followed malicious?…

…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.…

…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.…

…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…

…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.…

…Criminal Law – false pretence – charge of procuring registration of land by false pretences - Penal Code (cap 63) section 320 - whether prosecution for the offence can be brought after lapse of a long time – section 219 Criminal…

…The appellant’s main ground of appeal was that neither the trial magistrate nor the learned first appellate judge gave any or adequate consideration to the discrepancies and conflicts in the evidence of the several prosecution…

…The learned Judge sat with three assessors and he heard all the eleven witnesses called by the prosecution in support of its case. After listening to the submissions of the appellant’s then advocate Mr.…

…No summing-up notes were available on the record and the incoming Judge deprived the appellant and of course himself of the opinion of the two assessors who had at least seen and heard the prosecution witnesses and the appellant…

…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.…