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…Mr Njuguna, on behalf of the respondents, equally drew attention to several differences in the other side’s case, notably that under cross-examination the plaintiff said first that he had received the log book from Nairobi…

…Neither was it ever put to the appellant in cross-examination that he and Hawala had acted in collusion so as to deprive the AFC of its security.…

…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.…

…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.…

…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.…

…In his evidence in chief he did not say he led the Police to the arrest of any of the Appellants but during cross-examination he said he had identified Accused One to the Police. He does not say where and how.…

…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 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.”…

…Moreover, under cross-examination, she said that there were other persons in the appellant’s house, one of whom talked to her.…

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

…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.…

…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…

…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.”…

…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.…

…Pausing there for a moment it seems to be extraordinarily irresponsible for a man of the maturity and business standing of Shakeel, as he described himself under cross-examination by Mr Gautama, to have entered into an agreement…