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…The prosecution case was dependent on the evidence of PW1.…

…In the result, I am persuaded that the prosecution has proved its case beyond reasonable doubt that the accused beat the deceased for 20 minutes.…

…Briefly the evidence for the prosecution was that on 30.4.1994 at about 8 am the complainant Silvanus Odhiambo Odongo (PW1) was sitting outside his house at Kodera Kwoyo in Rongo division when the two appellants who were…

…On my own consideration and evaluation of the matter I find that the evidence in support of the prosecution case was overwhelming and that each of the appellants was properly convicted.…

…The evidence for the prosecution was that some 50 Kuria civilians, which included the second and the third accused (1st & 2nd appellants) went to the home of the Masai complainant (PW1) looking for some stolen head of cattle…

…On the evidence for the prosecution it was not established as to who actually drove the cattle to the home Elizabeth.…

…The respondent should not be penalized for the appellant’s tardiness when it had in fact applied to dismiss the suit for want of prosecution at one stage.…

…suit and the same was never served upon the Plaintiffs until 08.01.2007(five(5) months after filing and almost two(2) months after the Ruling of 27.11.2006 which application is now fixed for hearing on 10.05.2007 3) The prosecution…

…suit and the same was never served upon the Plaintiffs until 08.01.2007(five(5) months after filing and almost two(2) months after the Ruling of 27.11.2006 which application is now fixed for hearing on 10.05.2007 3) The prosecution…

…It is possible that, since an assault was express mention of criminal responsibility in the pleadings, that the learned judge thought the case should be treated in the same way as a criminal prosecution.…