Case law
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Division and case type: CriminalCriminal Case
…At the close of the prosecution case the evidence presented can be summarized as follows: The deceased and P.W.1 Johnson Kamau (Kamau) had been given Kshs.5,000/= by their employer, P.W.2, Francis Karanja Mwai (Karanja) to…
…At the close of the prosecution case, the court must consider the above evidence in order to determine whether or not it discloses a prima facie case against the two accused persons.…
Division and case type: CriminalCase number Criminal Application
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Case
…The application was not opposed by the prosecution.…