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…This report was prepared by the only prosecution witness, PW 2, George Odera who is a quality controller with the Kenya Bureau of Standards.…

…The defence cannot anticipate what witnesses are to be called by the prosecution. PW 1 the person who took the samples did not testify that he was present at their examination by PW 2.…

…That was for the prosecution to prove. The blood-stain could have come from a person other than the deceased.…

…But in the court, the prosecution did not put forward any reason why the deceased’s blood must be on the back of the appellant’s shirt if indeed it was his shirt. Blood stains are circumstantial evidence.…

…The case for the prosecution against the appellant was that at the material time, he was a postal clerk at Quary Road Post Office, Nairobi. He was working in the money orders section.…

…It was the prosecution case that the appellant and another postal clerk, Wilson Kokeiya Naisamia (original A 3, who was jointly charged with the appellant but was acquitted of the charge), had jointly with the account holder…

…There were two witnesses called for prosecution.…

…Although the witness said the gun found in the vehicle driven by the 3rd appellant was identical to one of those used in the robbery, he could not identify any of the robbers and obviously the prosecution knew there was insufficient…

…There were two witnesses called for prosecution.…

…Although the witness said the gun found in the vehicle driven by the 3rd appellant was identical to one of those used in the robbery, he could not identify any of the robbers and obviously the prosecution knew there was insufficient…

…In his grounds of appeal to the High court the appellant complained that the prosecution evidence against him was fabricated lies and unreliable.…

…The key prosecution witnesses were Richard Ng’eno (PW 1) and Peter Munyao (PW 2). Richard was supposed to be the one who saw the appellant lock himself in the toilet and then he called Peter.…

…The foregoing is a synopsis of the prosecution case against the appellant. The evidence upon which the prosecution case was based was as follows.…

…Before having a look at the judgment of the trial judge we would confirm that the prosecution also adduced evidence which indicated a struggle had taken place in the bedroom, there was blood and also bloodstained sheets and…

…The foregoing is a synopsis of the prosecution case against the appellant. The evidence upon which the prosecution case was based was as follows.…

…Before having a look at the judgment of the trial judge we would confirm that the prosecution also adduced evidence which indicated a struggle had taken place in the bedroom, there was blood and also bloodstained sheets and…

…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’s case was that the shooting and the release of a hand grenade thrown at the deceased were the two incidents which led to the death of the deceased.…

…That the learned high court judge erred in both law and facts by upholding the case for the prosecution as proved beyond the reasonable doubt whereas the burden of proof was not discharged as the law demands in that:- I.…

…This court is not unware of speculation circulating in the country and outside as to the likelihood of success of such a prosecution, but such speculation is totally irrelevant to these proceedings.…

…It is interesting to notice that in these application only one point of law has been argued to indicate that there is no likelihood of success of the prosecution, relating to the consent to prosecute.…

…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.…

…It could have been due to poor prosecution but the learned trial magistrate should not have allowed that to happen. A.P.C. Alex Gichege was recorded as P.W.3 when he should have been P.W.4.…

…Firstly, the prosecution was poor and the evidence badly recorded. Secondly, the statement under inquiry was inadmissible and if admissible, it was improperly admitted in the evidence.…

…………PETITIONER AND THE ETHICS AND ANTI-CORRUPTION COMMISSION…….. 1ST RESPONDENT DIRECTOR OF PUBLIC PROSECUTIONS…………….….…..2ND RESPONDENT INSPECTOR GENERAL OF NATIONAL POLICE SERVICE…3RD RESPONDENT ATTORNEY GENERAL…………………..…

…That Article 159(2)(b) of the Constitution requires that matters be dispensed with without delay and by delaying the prosecution of the Petition, the Petitioner was denying justice to the Respondents and the public they represent…

…The prosecution say, all the four appellants took part in the robbery on July 30 at the Bacon Factory and that they all prepared to commit robbery on October 11, 1984.…

…When the appellant was confronted with the charge of robbery, he denied it and put the burden of proof squarely on the prosecution.…

….…….. 3RD DEFENDANT RULING The three defendants herein have brought this application for an order that the suit filed against them by the defendant be dismissed for want of prosecution.…

…When he was faced with the same situation in the first application for dismissal for want of prosecution, Mulwa, J. declined to do so in the interests of justice because as he put it the dismissal would have affected numerous…

….…….. 3RD DEFENDANT RULING The three defendants herein have brought this application for an order that the suit filed against them by the defendant be dismissed for want of prosecution.…

…When he was faced with the same situation in the first application for dismissal for want of prosecution, Mulwa, J. declined to do so in the interests of justice because as he put it the dismissal would have affected numerous…

…The prosecution case was that PW 1, the complainant was robbed of his bicycle by two attackers at a place near the Fourteen Falls at Thika.…

…Taking the prosecution’s case together with the unchallenged explanation of the appellant, the facts are these: On February 17, 1986, the appellant was driving an Isuzu lorry No KXA 584 along the Narok – Nairobi road in the…

…According to the prosecution, the vehicle lay “across the road”. In order to warn approaching traffic, the appellant placed green branches on the road.…