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…The foregoing is a synopsis of the prosecution case against the appellant. The evidence upon which the prosecution case was based was as follows.…

…Before having a look at the judgment of the trial judge we would confirm that the prosecution also adduced evidence which indicated a struggle had taken place in the bedroom, there was blood and also bloodstained sheets and…

…The prosecution’s case was that the shooting and the release of a hand grenade thrown at the deceased were the two incidents which led to the death of the deceased.…

…That the learned high court judge erred in both law and facts by upholding the case for the prosecution as proved beyond the reasonable doubt whereas the burden of proof was not discharged as the law demands in that:- I.…

…It appears that the prosecution accepted a plea to manslaughter contrary to section 205 of the Penal Code, that is that he unlawfully killed the deceased.…

…Briefly the evidence for the prosecution was that on 30.4.1994 at about 8 am the complainant Silvanus Odhiambo Odongo (PW1) was sitting outside his house at Kodera Kwoyo in Rongo division when the two appellants who were…

…On my own consideration and evaluation of the matter I find that the evidence in support of the prosecution case was overwhelming and that each of the appellants was properly convicted.…

…The prosecution case was that PW 1, the complainant was robbed of his bicycle by two attackers at a place near the Fourteen Falls at Thika.…

…This point, however has not been taken in the appellant’s memorandum of appeal, neither, in our view, could it be, as it did not form part of the prosecution case but was volunteered from the dock by the appellant.…

…He also submitted that the prosecution evidence as to where the children’s shoes, Exhibit 77, were found was contradictory.…

…It could have been due to poor prosecution but the learned trial magistrate should not have allowed that to happen. A.P.C. Alex Gichege was recorded as P.W.3 when he should have been P.W.4.…

…Firstly, the prosecution was poor and the evidence badly recorded. Secondly, the statement under inquiry was inadmissible and if admissible, it was improperly admitted in the evidence.…

…We therefore find the evidence the evidence given by the prosecution witnesses to have compellingly established that the offence of robbery had been committed as charged; and upon the clear and credible evidence of the prosecution…

…This court is not unware of speculation circulating in the country and outside as to the likelihood of success of such a prosecution, but such speculation is totally irrelevant to these proceedings.…

…It is interesting to notice that in these application only one point of law has been argued to indicate that there is no likelihood of success of the prosecution, relating to the consent to prosecute.…

…The learned trial magistrate gave the summary of the evidence for the prosecution and the appellant and then stated that the appellant had been properly identified and convicted him.…

…The learned Resident Magistrate, Mrs Opondo, wrote a detailed judgment in which she took into account the prosecution evidence as well as the defence of the appellant.…

…This notwithstanding, I did have the opportunity to observe all the prosecution witnesses as well as the accused person. I believe the complainant even if there was no other corroboration.”…

…It was alleged by the prosecution that he abused the complainant, an assistant chief of his area Mr Evan Nganga PW 1 and threatened to beat him.…

…It was alleged by the prosecution that he abused the complainant, an assistant chief of his area Mr Evan Nganga PW 1 and threatened to beat him.…

…………PETITIONER AND THE ETHICS AND ANTI-CORRUPTION COMMISSION…….. 1ST RESPONDENT DIRECTOR OF PUBLIC PROSECUTIONS…………….….…..2ND RESPONDENT INSPECTOR GENERAL OF NATIONAL POLICE SERVICE…3RD RESPONDENT ATTORNEY GENERAL…………………..…

…That Article 159(2)(b) of the Constitution requires that matters be dispensed with without delay and by delaying the prosecution of the Petition, the Petitioner was denying justice to the Respondents and the public they represent…

…Miss Njeru attacked the judgement on a broader argument on the grounds which I can summarise thus, that the prosecution did not prove its case beyond reasonable doubt, that she imported unproven matters into the judgement…

…He said the Burden on the prosecution was not shifted and he supported the reliance on circumstantial evidence by the Magistrate. He Claimed that Receipts were original under S. 65 (4) of the evidence Act.…

…Miss Njeru attacked the judgement on a broader argument on the grounds which I can summarise thus, that the prosecution did not prove its case beyond reasonable doubt, that she imported unproven matters into the judgement…

…He said the Burden on the prosecution was not shifted and he supported the reliance on circumstantial evidence by the Magistrate. He Claimed that Receipts were original under S. 65 (4) of the evidence Act.…

…The facts of the prosecution case as stated in the Charge Sheet are as follows: “On 27 th May, 2002 at Modern Farm Lane in Nakuru District within Rift Valley Province, the appellant unlawfully assaulted Nancy Nyambura Nduati…

…In these circumstances the prosecution failed to establish that it was the appellant who broke into the complainant’s house and that he was in fact found in possession of the complainant’s stolen property.…

…Regarding the appellant's alibi defence, he said the same was displaced by the prosecution evidence. He dismissed as unfounded Mr.…

…The prosecution is therefore relying on circumstantial evidence that if the children saw the appellant mix something in a cup, she must be the one who laced the tea with poison. That evidence, however, does not add up.…