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…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.…

…Because of all these apparent contradictions and the failure of the prosecution to lead evidence on the nature, intensity and location of lights, it was Mr Onyango Otieno’s submission that the second appellant had not been…

…The rest of the evidence relied upon by the prosecution was largely based on the testimony of Asst. I.P Thompson Makala (PW14) of Tanzanian police force.…

…evidence but that apparently the judge did not take into account the effect of the words “account closed’ which appeared on all the cheques which words were defamatory of the appellant and would have subjected him to criminal prosecution…

…The rest of the evidence relied upon by the prosecution was largely based on the testimony of Asst. I.P Thompson Makala (PW14) of Tanzanian police force.…

…The Shorter Oxford English Dictionary (Vol II) offers several definitions of ‘suit’, one of which is: “pursuit, prosecution, legal process.”…

…Briefly the prosecution case was that on the night of 23rd/24th July, 1992 at about 1 a.m while Alice Ogilo Okonqo (PW3), who was stayinq in a church house at Uranga Sub-Location, East Gem Location, Siaya District was breast…

…Briefly the prosecution case was that on the night of 23rd/24th July, 1992 at about 1 a.m while Alice Ogilo Okonqo (PW3), who was stayinq in a church house at Uranga Sub-Location, East Gem Location, Siaya District was breast…

…The burden of proof lay on the prosecution to prove that Gitonga had not received payment, and the issue of payment was highly controversial.…

…It is possible that, since an assault was express mention of criminal responsibility in the pleadings, that the learned judge thought the case should be treated in the same way as a criminal prosecution.…

…When the insurers got the letter from police on June 18, they could have asked for the notice of prosecution and the summons if they had wanted them.…

…The prosecution had opportunity to produce the OB of Langata PS to show otherwise. It isunfortunate that it was not so done.…

…The prosecution had opportunity to produce the OB of Langata PS to show otherwise. It isunfortunate that it was not so done.…

…This Court has, in several cases dealing with customary law in criminal cases, decided that where the prosecution relies on a local custom then that local custom must be proved by witnesses called by the prosecution, and…