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…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.…

…who appeared for both appellants directed our attention to three matters: 1. whether the evidence of identification of the appellants was free from the possibility of error; 2. whether the discrepancies in the evidence of prosecution…

…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…

…Some of the prosecution witnesses who testied before the learned trial judge referred to it as a club while others called it a walking stick. The learned trial judge made no reference to its size in his judgment.…

…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.”…

…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.…

…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.…

…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…

…But the lorry and the maize were in the hands of the Government following the arrest and subsequent successful prosecution of the appellants. How could the maize and lorry be disposed off?…

…The result of the decision of the village elders in 1947 and that of the Lurambi Court and Ayub’s successful prosecution in 1958 for trespassing on the 1st respondent’s land was that as between Ayub and the 1st respondent…

…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.…