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…Briefly, the prosecution case was that on the 15th day of September, 1993 at about 6 pm Sgt Malat Ayot (PW1) and PC Roiman Sadara (PW2) both of the Anti-Nacortic Unit of the CID based at Malindi acting on a tip-off, laid…

…If the prosecution evidence is accepted then after the arrival of Wanjuki the events that happened constituted corruption.…

…It was the option of the prosecution with which offence to charge the appellant.…

…If the prosecution evidence is accepted then after the arrival of Wanjuki the events that happened constituted corruption.…

…It was the option of the prosecution with which offence to charge the appellant.…

…There was accordingly consistent evidence by the prosecution witnesses that the appellant took the radio cassette to the house of PW.2 and also that it was the appellant who took the two leopard skins to the kitchen in which…

…The case for the prosecution was, in outline, as follows. The complainant, the appellant, his co-accused and other patrons were at Heshima Bar taking beer at the back room.…

…The evidence relied upon by the prosecution to prove that this photocopy certificate was a forgery was overwhelming.…

…The second ground of appeal is that sufficient weight was not given to the appellant’s plea of guilty which had saved time of both the court and the prosecution.…

…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…

…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…

…Briefly the prosecution case was that on the night of 30th of January, 1993 at about 1 am while the complainant, Kesra Kesina (PW1) was sleeping at his house within Mtomodoni village in Kilifi area, he was awakened from sleep…

…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…

…and liable to pay to the person or persons aggrieved by the removal three times the value of the goods, chattels, stock or crops so removed, in addition to any costs incurred by the person or persons so aggrieved in the prosecution…

…O XV1 deals with the prosecution of suits and adjournments. O XV1 rule 4, is instructive. On 9th May, 1989, the suit came for trial. An application for adjournment was made on behalf of the plaintiff, and, was granted.…

…By the bringing of the application to substitute the plaintiff it was made clear both to the Court and the defendant that the estate of the deceased plaintiff was desirous of continuing the prosecution of the cause of action…

….124 K.E.A. which says: "Not withstanding the provisions of Section 19 of theOaths and Statutory Declarations Act, where the evidenceof a child of tender years is admitted in accordance withthat section on behalf of the prosecution…

…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…

…That would perfectly be a valid defence to a criminal charge, for the prosecution would be duty-bound to prove beyond any reasonable doubt that it was D.W.1 who was in charge of the Ferry at the time of the accident.…

…“for want of prosecution”.…