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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.…

…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.…

…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.…

…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.…

…That charge, he alleges, arose in the performance of his duties as an advocate and according to him, before the prosecution could be started by the Attorney-General section 80 of the Advocates Act should have been complied…

…The proviso to that section is to the effect that no prosecution for an offence under that section shall be instituted unless a report has been made to the Attorney – General by the Disciplinary Committee created under the…

…Mr Prinja, in arguing grounds 5 and 6 of his appeal, alleged that the judge had considered the cases of the prosecution and of the defence in isolation to each other and had first accepted the evidence adduced by the prosecution…

…The learned judge set out the case for both the prosecution and the defence in some detail.…

…Both the trial court and the superior court had believed and accepted the evidence of the complainant and the rest of the prosecution witnesses and had rejected the appellant’s version of the incident.…

…The evidence of the sole prosecution witnesses to the incident, that is the evidence of the complainant, was fully corroborated by that of the other four Tanzanians who had contributed to the sum that was brought by the complainant…

…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.…

…when but the appellant formed the opinion that his collegues had schemed against him and that consequently a crime had been committed so in 1986 the appellant went before the Chief Magistrate for permission for private prosecution…

…In the instant case, the appellant was pursuing a right to file a private prosecution. Only the Attorney-General has the right under section 26 of the Constitution to institute criminal proceedings.…

…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.…

…His conviction cannot be sustained as the prosecution was conducted by unauthorised public prosecutor, namely, Police Constable Mutisya. Conviction is quashed and sentence of two years and 4 strokes is set aside.…

…Nonetheless, counsel for the respondent submitted that the intended appeal will only delay the prosecution of H.C.C.C.…

…Whether or not such an appeal will turn on a serious issue or it will only serve to delay the prosecution of the suit in the superior court is not possible to say with any amount of firmness as there is insufficient material…

…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.…