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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 learned Resident Magistrate, Mrs Opondo, wrote a detailed judgment in which she took into account the prosecution evidence as well as the defence of the appellant.…

…This notwithstanding, I did have the opportunity to observe all the prosecution witnesses as well as the accused person. I believe the complainant even if there was no other corroboration.”…

…judicial notice of the fact that the wrong procedure had been followed in charging the appellant with the offence of contempt of court when there was no motion in the High Court filed asking the Court to grant leave for the prosecution…

…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.…

…A total of 12 witnesses testified for the prosecution. All the accused persons gave unsworn evidence and called no witnesses.…

…This confirms the evidence of the prosecution that he gained entry through the roof and when he was told to come out the way he had gotten in and he came out through the roof.…

…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.…

…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.…