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…He denied in cross-examination that he had never alleged any beatings in his police statement which he made on the date he was arrested.…

…In cross examination he added that the persons who beat Abdi were different from those who beat him and the second plaintiff, and they were three. According to him also, there were five askaris who beat them.…

…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.…

…One is even constrained to think that the cross-examination conducted by defence counsel was never based on instructions from his clients.…

…In cross examination, PW1 claried that the deceased had come home with the appellant on 20th December, 2010.…

…In cross examination, the appellant did not challenge PW2’s testimony on how she came to live in the deceased’s house and the fact that she was in the deceased house on the material night when the deceased was killed.…

…The plaintiff categorically exculpated the 1st defendant when he said (in cross-examination by Mr Gikandi): “It is not true that I was employed by the 1st defendant as alleged in paragraph 5 of the plaint.…

…In cross-examination by Mr Pandya the 1st defendant admitted that the person who completed the first form was his own clerk who was paying wages to his employees, and that although he knew that the clerk had completed this…

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

…On cross-examination by Mr Satchu, Mr Sherwin stated that the bucket would drop to the surface of the road.…

…On cross-examination by court, he stated that he traveled a distance of about 100 yards on the right lane before the steering turned right.…

…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.…

…He said in cross examination that appellant had lOUs to present. He also said that documents relating to IOUs were not produced in court and the bank statements were not attached to the audit report.…

…In cross examination he said he was not availed any payment vouchers and did not investigate their petty cash account.…

…He said in cross examination that appellant had lOUs to present. He also said that documents relating to IOUs were not produced in court and the bank statements were not attached to the audit report.…

…In cross examination he said he was not availed any payment vouchers and did not investigate their petty cash account.…

…The cross-examination of the process server by Mr Otieno for the defendants did not show anything substantial from which this Court could conclude that the process server was lying.…

…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.”…

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

…But under pressure of cross examination by Mr Olago-Aluoch, Charles said that the second accused used “Powoo” once on the deceased and that was at the stage when they were on the way from Ayub’ s house to William’s house.…

…Under further pressure of cross examination by Mr Wasilwa, the witness started speaking as if “Powoo” was even used in William’s house.…

…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".…

…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…

…Under cross-examination the plaintiff stated that CI Nganga slapped him on his right side and broke the left not the right hand side lens of his spectacles, which he produced in evidence.…