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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.…

…In cross examination Wayua answered that although she did not have a spotlight, on thatcloudless full moon night she saw clearly the incident in issue.…

…In cross examination PW2 told the court that his house and that of the accused lie opposite each other across the road. But the scene of the attack was closer to the accused's house.…

…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.…

…In his evidence in court the first accused Charles Ndolo who is appellant in HCCRA 52/03 said that he had a grudge with the complainant which he never put to the complainant in cross examination.…

…The issue of a grudge has been displaced by this court as being an after thought as it was not in cross examinations. Even if PW 1 had a grudge no explanation exists as to why PW 2 and 3 should frame the appellants.…

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

…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.…

…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.…

…Then she made significant observations during her cross examination by the appellants to the 1st accused (1st appellant) she said.…

…Gacheche went on to describe particulars of their books and answered in cross examination to Mr. Mungata (for the 1st accused who was acquitted) that: “I am a publisher. I am the Managing Director of Phoenix Publishers.…

…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…

…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.…