Search court decisions

…In addition the proceeds of the paraffin giving rise to the prosecution and the lorry that was carrying them were ordered forfeited.…

…With their pleas of not guilty, the prosecution had to prove each and every ingredient of the charge. The defence has no duty to help prove the charge against themselves.…

…That the prosecution failed to produce exhibits that could give clear proof of the commission of the said oence and that the appellant was linked to the same. iv.…

…Shabola submitted that the evidence produced by the prosecution although circumstantial, did place the appellant at the scene of crime. Mr.…

…The prosecution claimed that they had robbed one John Bwana Opundo of cash Kshs 6000. According to the prosecution, the complainant arrived from Bondo with a view to do some shopping in Kisumu. He has a shop there.…

…He held that the prosecution’s version of the matter was the side of truth and that the appellant and his confederates indeed robbed the complainant of his money.…

…B.Ombewa) found that the prosecution had provided its case with sufficient and reliable evidence to convict the appellant with the offence of defilement.…

…which evidence did not prove the prosecution’s case beyond reasonable grounds; and in upholding a sentence which was excessive.…

…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…

…Criminal Law – false pretence – charge of procuring registration of land by false pretences - Penal Code (cap 63) section 320 - whether prosecution for the offence can be brought after lapse of a long time – section 219 Criminal…

…The appellant’s main ground of appeal was that neither the trial magistrate nor the learned first appellate judge gave any or adequate consideration to the discrepancies and conflicts in the evidence of the several prosecution…

…The learned Judge sat with three assessors and he heard all the eleven witnesses called by the prosecution in support of its case. After listening to the submissions of the appellant’s then advocate Mr.…

…No summing-up notes were available on the record and the incoming Judge deprived the appellant and of course himself of the opinion of the two assessors who had at least seen and heard the prosecution witnesses and the appellant…

…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…

…iii) of the Act provides as follows: “185(d)(iii) Any person who acquires, has in his possession, …, any goods which he knows, or ought reasonably to have known to be uncustomed goods, shall be guilty of an offence …” The prosecution…

…The two lower courts found that the appellant was in possession of the goods on his own admission, and the prosecution proved that the goods in question were dutiable.…

…The trial magistrate after outlining the evidence of the prosecution witness as stated that he believed their evidence but gave no reason for believing it apart from saying that they had nor reason for lying.…

…It was after the trial magistrate had considered and decided on the prosecution evidence, that he rejected the defences as false, again without giving any reasons.…

…The trial magistrate after outlining the evidence of the prosecution witness as stated that he believed their evidence but gave no reason for believing it apart from saying that they had nor reason for lying.…

…It was after the trial magistrate had considered and decided on the prosecution evidence, that he rejected the defences as false, again without giving any reasons.…

…That would lend weight to the prosecution’s contention that the applicant is likely to interfere with the investigations.…

…I refuse this application and order it dismissed and if Mr Aluoch for the applicant is so inclined, he and the prosecution can have the case mentioned before the trial magistrate with a view to getting earlier hearing dates…

…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…

…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.”…

…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.…

…This point, however has not been taken in the appellant’s memorandum of appeal, neither, in our view, could it be, as it did not form part of the prosecution case but was volunteered from the dock by the appellant.…

…He also submitted that the prosecution evidence as to where the children’s shoes, Exhibit 77, were found was contradictory.…

…He confirmed his plea by accepting as true the facts narrated by the prosecution.…