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…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 reproduced the facts which the appellant admitted as true. It was said that he had no previous convictions.…

…) The prosecutor reproducing the facts constituting the offence. iv) The accused being asked and admitting whether they are true or not. v) Recording the response and entering a plea of guilty on facts admitted. vi) The prosecution…

…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.…

…The said principles include the nature of the charge or offence and the seriousness of the punishment to be imposed if the applicant is found guilty, the strength of the prosecution’s case, the character and the antecedents…

…of the accused and the likelihood that the applicant will interfere with the prosecution’s witnesses.…

…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…

…He submitted that the summing up by the Judge Advocate was one sided and concentrated mainly on the prosecution's case.…

…The prosecution demonstrated that the Applicant was recalled to Nanyuki Barracks because he did not have the qualifications to handle push up duties.…

…By the application of the doctrine the burden shifts from the prosecution to the accused to explain his possession of the item complained about.…

…He can only be asked to explain his possession after the prosecution have proved certain basic facts.…

…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.…

…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.…

…It is only where the accused challenges such reports during his trial that the prosecution would and should seek leave to call the maker thereof in order that he may be subjected to crossexamination.…

…The charge as laid down was what the prosecution were called to prove. The trial magistrate found that the 2nd accused had no mens rea and acquitted him.…

…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.…

…The prosecution case accepted by the two lower courts was that the house of Sister Wafula, a matron at Mr Elgon Hospital at Kitale was broken into on November 20, 1981, and six table chairs, two small tables, a fire place…

…The second accused’s evidence supported the prosecution’s case in a material respect. It undermined the appellant’s defence.…

…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.…

…officers found 15 rounds each, that his defence was rejected without sufficient or reasonable grounds, that the learned magistrate unjustifiably disallowed the evidence of his co-accused, which exonerated him, that the prosecution…

…In any event, the appellant was not charged with these suspects nor did circumstances require prosecution to call the suspects who may not have been charged with any offence unless there was a possibility raised that the…

…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.…