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…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…

…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.…

…………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.…

…The learned trial magistrate, who had the added advantage of seeing and hearing all the witnesses, rejected her defence and accepted the prosecution case.…

…With respect, as Mr Chunga points out, there is evidence from four of the prosecution witnesses that her act was intentional and deliberate and obviously done when her anger had been aroused.…

…It was alleged by the prosecution that he abused the complainant, an assistant chief of his area Mr Evan Nganga PW 1 and threatened to beat him.…

…The prosecution witnesses agree that there was considerable noise of furniture being thrown about.…

…A jury will be told that the defence of self-defence, where evidence makes its raising possible, will fail only if the prosecution show beyond doubt that what the accused did was not by way of self-defence.…

…As was said in R v Mitlande (1940) 7 EACA 46 the onus is on the prosecution to prove that the confession was voluntary.…

…It is necessary that all the evidence on which the prosecution case is based should be in the assessors’ presence.…

…The Magistrate did not believe the appellants on the face of the clear evidence against them from the prosecution and rightly so. The convictions are upheld. The appellants have served the sentence passed.…

…The Magistrate did not believe the appellants on the face of the clear evidence against them from the prosecution and rightly so. The convictions are upheld. The appellants have served the sentence passed.…