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…Briefly the prosecution case was that both the complainant and the appellant were all primary school teachers both they were at materials time stationed in different schools.…

…The learned trial magistrate in a well set out judgment carefully considered the evidence adduced before her by the various prosecution witnesses together with the appellant and his witnesses.…

…Adan vs Republic [1973] E.A. 445 having been followed strictly to the letter, during which the appellant had been given at least three chances to speak to the court and either admit, deny or qualify the facts given by the prosecution…

…Instead, he accepted all the facts as stated by the prosecution and went on to praise the police and apologise to the state for what he had done.…

…Briefly the prosecution case was that on the 19.6.94 at about 1.30 p.m. 3 robbers struck at the home of the complainant JOHN KASIMILI and robbed him of his T.V. and radio cassette in the course of the robbery, those robbers…

…What the prosecution alleged was that the complainant was involved in an accident with a Land Rover, and was injured.…

…There is no dispute on the facts adduced by the prosecution witnesses that on the night of 10th and 11th of October, 1991 at about 2 am, while the complainant, Marlin Righa Malogho (PW1) who was a receptionist at Paradise…

…It was the prosecution case that as the said men ran away, they were confronted by some two other watchmen from the nearby Tropical Village Hotel, Andrew Nyambu Jiwe (PW3) and Mbaja Kalua (PW5).…

…Here unless the Constitution itself limits the prosecution of those rights no statute should by implication bar it.…

…Here the law of limitation has not reserved for itself the liberty to circumvent the prosecution of these Fundamental Rights.…

…Briefly, the prosecution case was that on the material night, 10th April, 1991, the complainant, Samuel Karanja Muriakiara (PW1) and Jonathan Waigwa (PW3) had gone to the bar of a friend, David Muhia (PW2) at Kinoo Market…

…It was the prosecution case that as the complainant and his companion were now inspecting the damages on the car, two police officers on patrol duties arrived and one of them had a dog.…

…On the following day the prosecution narrated the facts. After the facts had been given, the accused is recorded to have said:- “Accused: What the prosecutor has told the court is true.…

…We have already said that the prosecution did not justify the detention.…

…the accused is confused, or there has been inordinate delay in bringing the accused to Court from the date of arrest, then an examination of the circumstances must form an integral part of the facts to be stated by the prosecution…

…The learned Judge erred and misdirected himself in law and fact in failing to resolve the material contradictions and discrepancies in the main prosecution witnesses in favour of the appellants. 6.…

…The prosecution and the Judge attached great importance to that evidence.…

…The learned trial magistrate believed the evidence of the prosecution witnesses and convicted the appellant on the five counts in respect of which he was tried.…

…The court prosecution opposed the attempt to change the plea and the Chief Magistrate reserved his ruling to 21.1.90 when he rejected the request to change the plea and convicted the appellant as charged in count 1 and sentenced…

…It seeks to stop the prosecution of the petition and its striking out for being frivolous, vexatious, an abuse of the court process and meant to embarrass the company.…

…Briefly, the prosecution case in respect of the first count was that on the 27th of September, 1987 at about 10 pm, Snr Private Stephen Muganda (PW 1) of the 7th Kenya Rifles Battalion, Langata Barracks was guarding the magazine…

…He then revealed to the Director of CID the truth relating to the circumstances of his arrest and prosecution in the espionage charge.…

…There is no allegation in the supporting affidavit that the Judgment-Debtor cannot afford to deposit the decretal sum as ordered, or that such deposit will so affect its operations as to amount to a fetter on prosecution…

…Upon a consideration of the evidence the trial magistrate believed the prosecution witnesses but not the evidence of the appellant or his witness or indeed the statutory statement of Makau Mulei and convicted the appellant…

…There is no allegation in the supporting affidavit that the Judgment-Debtor cannot afford to deposit the decretal sum as ordered, or that such deposit will so affect its operations as to amount to a fetter on prosecution…

…Such sections are the source for the principles of law relating to the burden of proof being always on the prosecution and the standard of proof to be always beyond reasonable doubt.…

…The evidence for the prosecution was that on February 22, 1982 Mr Carshen Yhr (PW 1) the head of Engineering at the Western College of Arts and Technology in Kakamega travelled together with his wife Imelda (PW 2) to visit…

…The facts which we have summarized and upon which the prosecution of the appellant on the two counts of conspiracy were based, were examined by two Courts which were in agreement.…

…The appellant it is true, received monies from Jennifer Gaya but the High Court was not satisfied that the appellant had not properly accounted for them particularly when the evidence of the prosecution in respect of the…