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…Taking the prosecution’s case together with the unchallenged explanation of the appellant, the facts are these: On February 17, 1986, the appellant was driving an Isuzu lorry No KXA 584 along the Narok – Nairobi road in the…

…According to the prosecution, the vehicle lay “across the road”. In order to warn approaching traffic, the appellant placed green branches on the road.…

…The Magistrate did not believe the appellants on the face of the clear evidence against them from the prosecution and rightly so. The convictions are upheld. The appellants have served the sentence passed.…

…The prosecution say, all the four appellants took part in the robbery on July 30 at the Bacon Factory and that they all prepared to commit robbery on October 11, 1984.…

…When the appellant was confronted with the charge of robbery, he denied it and put the burden of proof squarely on the prosecution.…

…It was undoubtedly proved to the court by the prosecution that on the night of 6th May 1991 a gang of men forced their way into the house of the complainants.…

…In this appeal he complains that his case was not investigated and was given no opportunity to question the prosecution witnesses and in effect he denies the charge against him.…

…He confirmed his plea by accepting as true the facts narrated by the prosecution.…

…He confirmed his plea by accepting as true the facts narrated by the prosecution.…

…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.…

…Where, however, the prosecution desires to include the other limbs of the offence of handling, the following further count should be added.”…

…Perhaps the learned magistrate thought better of relying on an alternative verdict different from the alternative chosen by the prosecution.…

…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.…

…APPELLANT VERSUS REPUBLIC……………RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nakuru (Lady Justice R Nambuye) dated 26th November, 1992 in HC CR A No 387 of 1992) JUDGMENT The entire case for the prosecution…

…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…

…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.…

…If the prosecution evidence is accepted then after the arrival of Wanjuki the events that happened constituted corruption.…

…It was the option of the prosecution with which offence to charge the appellant.…