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…As regards the truthfulness of prosecution witnesses and whether they were driven by sinister motives to implicate the appellant, the learned magistrate had opportunity to observe these witnesses, and form his own opinion…

…Mr Owour also submitted that the identification of the applicants was based on the evidence of only one witness and that other persons who might have given material evidence were not called by the prosecution but that Court…

…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.…

…Briefly, the prosecution case was that on the night of 7th of October, 1990 while the complainant, Anastasia Wambui Ngethe (PW 2) and her husband, Francis Ngethe Mwangi (PW1) were sleeping in their house within Othaya township…

…The trial court failed to grasp clearly that the evidence of identification that was relied upon by the prosecution in this case was basically single witness identification.…

….…….4TH DEFENDANT RULING The first and second defendants have pending before court a Notice of Motion dated 27th July 2006 seeking the dismissal of this suit for want of prosecution.…

…We are satisfied that the contradictions and discrepancies which the counsel pointed out are not of nature as to render the prosecution evidence as being not worthy of credit or belief.…

…The case for prosecution revolved around the dying statement which the deceased gave as the cause of her death.…

…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…

…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…

…Briefly, the prosecution case was that on the 16th of October, 1989, Silvan Joseph Odero (PW1) who was then the Deputy Director of Personnel Administration in the Directorate of Personnel Management (DPM), received a phone…

…The prosecution case was mainly based on the testimony of William Kiti Waita (PW 1). The witness is the KANU Chairman for Khoko Sub-location of Matungulu Location in Yatta Divison.…

…Therefore there was not the slightest doubt that the appellant had no right to attempt to obtain possession in the way so graphically described in the evidence of the complainant and the witnesses for the prosecution: there…

…Gatonye submitted that even if it were considered it would have been rejected, but the court should have made a finding on it, and in view of the doubtful identification of the appellant at the scene, it was necessary for the prosecution…

…The magistrate did so because all the statements were recorded by the one prosecution witness. We fully agree with the High Court when it said in its judgment: "This was wrong.…

…He does not say in which trafficcase and the result of the prosecution.…

…The magistrate did so because all the statements were recorded by the one prosecution witness. We fully agree with the High Court when it said in its judgment: “This was wrong.…

…We would have wished that the Prosecution had resisted the temptation to comment on sentence in this case, but we think that the comment was so brief, and so much in tune with what the learned Chief Magistrate was already…

…The prosecution had no evidence that these accused stole the property in concert. There were only the rumours.Then the statements of the accused came in.…

…argued, have alerted the magistrate to the coercion being brought to bear on the appellant, and appreciating what had happened, the magistrate should have changed the appellant’s plea to a plea of not guilty, and put the prosecution…

…This fact was known to the prosecution at the time that the appellant was arrested on July 4, 1984.…