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…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.…

…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.…

…It was also in the evidence of the prosecution that the Policemen searched the house immediately after the appellant had escaped from them.…

…The application was not opposed by the prosecution.…

…In ground 3, the appellant has faulted the trial court both in law and fact in convicting him when the prosecution failed to call essential witnesses to testify.…

…Furthermore, while accepting the principle of law of drawing an adverse inference where the prosecution have failed to call an essential witness as pronounced in Bukenya v.…

…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.…

…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.…

…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…

…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…

…Briefly, the prosecution case was that on the 15th day of September, 1993 at about 6 pm Sgt Malat Ayot (PW1) and PC Roiman Sadara (PW2) both of the Anti-Nacortic Unit of the CID based at Malindi acting on a tip-off, laid…

…There was accordingly consistent evidence by the prosecution witnesses that the appellant took the radio cassette to the house of PW.2 and also that it was the appellant who took the two leopard skins to the kitchen in which…

…The principal state counsel indicated to me at the hearing of the appeal that he does not support the conviction because of material contradiction in the evidence for the prosecution.…

…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.…

…judicial notice of the fact that the wrong procedure had been followed in charging the appellant with the offence of contempt of court when there was no motion in the High Court filed asking the Court to grant leave for the prosecution…

…The evidence for the prosecution was that some 50 Kuria civilians, which included the second and the third accused (1st & 2nd appellants) went to the home of the Masai complainant (PW1) looking for some stolen head of cattle…

…On the evidence for the prosecution it was not established as to who actually drove the cattle to the home Elizabeth.…

…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.…

…Some prosecution witnesses said that the period taken was from about midnight to 6.00 am or 5.00 am and that the beating was interrupted with periods of interrogation.…

…At the same time that statement can be said to be corroborated by the evidence of prosecution eye witnesses. That situation is not covered in the Rex v Ndaria case.…