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…Mr Chemweno on the other hand was not traced for cross-examinations.…

…assertions of Mr Chebseba on record given in his cross examination intact and unchallenged.…

…Counsel for the respondent on the other hand opposed the appeal on the following grounds: (1) That they obtained leave before filing the suit and the appellants did not by either evidence submissions or even cross examination…

…In my opinion having given the particulars of the file where leave was sought if the appellant defendant was not satisfied with that he should have sought particulars and called for evidence in cross examination.…

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

…It must be remembered that it is made in the absence of the accused and is not subjected to 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.…

…He said so in his evidence in chief and repeated it when the matter was raised in cross examination. The evidence of PW3 is very clear.…

…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 second accused’s statement was not a confession nor was it evidence on oath which could be tested by cross-examination.…

…He further added that PW5 in his evidence had said during cross examination that he (PW5) almost fought with the third accused when he threatened to take the complainant’s cattle by force and further that it was second accused…

…And during cross-examination by the state counsel he admitted that the land acquired included a stony area near the river whose acreage he did not know.…

…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…