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…This was not, however, put in cross-examination to any of the police witnesses, and none of those documents were produced, as we would have expected, remembering that the appellant was professionally defended at the trial…

…This was reiterated by P C Thimbu under cross-examination by Mr Azangalala.…

…Mr Prinja conceded that Stella was not challenged in cross-examination on her recognition of the appellant’s voice (as she should have been) but maintained that nevertheless the judge was not relieved of the duty of administering…

…None of these matters, Mr Prinja said, were canvassed by the judge in his judgement, which it was his duty to do, notwithstanding that most of them were not put to the witnesses in cross-examination.…

…PW7 died before his cross – examination by the appellant was completed.…

…This aspect was not put to her in cross-examination. The discrepancy here is that CPL Opiyo, the Investigating Officer, said the complainant told him she had been staying in and around Bungoma.…

…Both of them considered the appellant’s defence that he had purchased the land for Kshs 600/= and the house on it for Kshs 1,000/- from the complainant; a matter which she had denied in cross-examination.…

…Under cross-examination, PW 1 he identified Chacha at the parade but not during the robbery. All that meant that PW 2 was the sole identifying witness in so far as Chacha was concerned.…

…The trial Magistrate and the Judge erred in failing to hold that the prosecution had failed to dislodge the appellant’s cross-examination by the prosecution.…

…When it was suggested to him towards the end of his cross-examination that he could have been mistaken about the identity of the appellant he retorted: “I cannot mistake the accused for any other person.…

…In the cross examination of the respondent, it was suggested to her that she owned plot No 133R Ongata Rongai and not plot No 133B Ongata Rongai.…

…In the course of cross examination of the second appellant, she said that she did not know where plot No 133 B and or 133 R was nor who occupied them, thus conceding that plot No 133 B could belong to the respondent and could…

…During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…

…In the case giving rise to this appeal PW1 said during cross-examination:- “Deceased and accused are my customers” And during re-examination he said “Both deceased and accused were my friends.”…

…The evidence of the ballistics expert as to his conclusions does not appear to have been seriously challenged in cross-examination.…

…As a recorded police statement, not made on oath, not subject to the test of cross examination, exhibit 122 could not take the place of sworn testimony.…

…been shot at by some unknown persons and that they had later come upon a group of people among whom were James, Vincent, Nicholas and Peter who were preparing to burn houses of Tesos because as he said rather lamely, in cross…

…examination, "they were many in a house".…

…The excuse he gave during cross-examination at the trial was that the police did not ask him if he could recognise anybody. He also confesses that he could not see the faces of the attackers.…

…Neither witness was successfully challenged in cross-examination and we think that both the magistrate and the judge were entitled, and indeed right, to find on the complainant’s evidence, as so supported, that Kshs 105,000…

…In cross-examination by Mr. Jiwaji for the defendant, this witness said- “There were many people who were going to work. It was about 9.30a.m. I had no watch. There were many people on the road as usual.…

…But if the fact of service is denied, it is desirable that the process server should be put into the witness box and opportunity of cross examination given to those who deny the service.”…

…In his summing up the learned judge told them that the appellant made an unsworn statement which could not be tested by cross examination.…

…In his summing up the learned judge told them that the appellant made an unsworn statement which could not be tested by cross examination.…

…Although there was a certain amount of disagreement between the experts none of them was called for cross-examination. We would hope that in future the advocates will not take such shortcuts.…

…And he reiterated this in cross-examination.…

…the medical reports and in a small part of the evidence, that the plaintiff’s injury was caused by a knife, that suggestion was not in my view borne out by any of the evidence, and neither was it put to the plaintiff in cross-examination…

…In her cross examination she did say that she had delivered 2.9 million gunny bags to the Board, but considered in its proper context, it meant no more than this that the appellant on 6th and 7th February 1987, took Jennifer…