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…is founded upon the Constitution and a challenge to this authority must be direct and can only be dealt with in the High Court. (8) The conduct of criminal prosecutions is always a matter of public interest; therefore the…

…The above holding may be the correct exposition of the law but again that court decided as follows:- “Suppose the Attorney General, while conducting a prosecution that to all right-thinking people ought to be pursed, abruptly…

…The said principles include the nature of the charge or offence and the seriousness of the punishment to be imposed if the applicant is found guilty, the strength of the prosecution’s case, the character and the antecedents…

…of the accused and the likelihood that the applicant will interfere with the prosecution’s witnesses.…

…The prosecution case accepted by the two lower courts was that the house of Sister Wafula, a matron at Mr Elgon Hospital at Kitale was broken into on November 20, 1981, and six table chairs, two small tables, a fire place…

…The second accused’s evidence supported the prosecution’s case in a material respect. It undermined the appellant’s defence.…

…officers found 15 rounds each, that his defence was rejected without sufficient or reasonable grounds, that the learned magistrate unjustifiably disallowed the evidence of his co-accused, which exonerated him, that the prosecution…

…In any event, the appellant was not charged with these suspects nor did circumstances require prosecution to call the suspects who may not have been charged with any offence unless there was a possibility raised that the…

…On 9th March, 2011, the respondent in the appeal brought the present application for orders that the appeal be dismissed for want of prosecution for the reason that ten months (at the time of filing of this application) had…

…It is further submitted that dismissal for want of prosecution is not available since directions have not been taken.…

…There were two witnesses called for prosecution.…

…Although the witness said the gun found in the vehicle driven by the 3rd appellant was identical to one of those used in the robbery, he could not identify any of the robbers and obviously the prosecution knew there was insufficient…

…The quotation above relates to the U.K. whose Act of 1956, if it still operates, is longer and wider on subjects but apparently excluding criminal prosecutions.…

…It was incumbent on the prosecution to prove that such rights actually existed.…

…She however found that the prosecution had not proved this and it cannot be said that the accused persons were armed with a dangerous weapon.…

…The Magistrate erred and misdirected herself in both law and fact by failing to recognize the absence of an investigating officer in this case and the fact that in the absence of such an officer was fatal to the prosecution…

…The application was not opposed by the prosecution.…

…The facts of the prosecution case as stated in the Charge Sheet are as follows: “On 27 th May, 2002 at Modern Farm Lane in Nakuru District within Rift Valley Province, the appellant unlawfully assaulted Nancy Nyambura Nduati…

…In this appeal he complains that his case was not investigated and was given no opportunity to question the prosecution witnesses and in effect he denies the charge against him.…

…The application was not opposed by the prosecution.…

…The principal state counsel indicated to me at the hearing of the appeal that he does not support the conviction because of material contradiction in the evidence for the prosecution.…

…Their petitions of appeal, filed on the July 23, 1984, each contained lengthy grounds, but in particular attacked their respective identifications by the prosecution witnesses, upon which of course, their convictions mainly…

…At the end of the trial the prosecution had called ten (10) witnesses while the accused had been heard in his defence.…

…That closed the prosecution case. The defence one opened. The accused on oath told this court that he came to the shop of PW9 on duty at 7.00 P.M. on 1st July 1996.…