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…APPELLANT AND DIRECTOR OF PUBLIC PROSECUTIONS ....................................…

…After reviewing the prosecution evidence, the trial court put the appellant on his defence.…

…Further the amount of money stolen did not belong to the Government of Kenya and as such the prosecution in the lower courts has failed to establish this fact.…

…The prosecution required to prove that the appellant was the one who played a part in dealing with certain documents to prove that he stole.…

…Ogada is that the evidence of the prosecution witness was contradictory.…

…He submitted that the alleged contradictions in the evidence of the prosecution witnesses were minor and did not affect the conviction.…

…It was the prosecution case that at the material time being 1 pm of 12th December, 1989 PW 1 who was the herdsboy for all the animals charged as robbed from him, took the herd and flock of sheep to water.…

…In the ultimate this Court is left in enormous doubt as to the quality of the prosecution evidence against the appellant.…

…It is only where the accused challenges such reports during his trial that the prosecution would and should seek leave to call the maker thereof in order that he may be subjected to crossexamination.…

…The charge as laid down was what the prosecution were called to prove. The trial magistrate found that the 2nd accused had no mens rea and acquitted him.…

…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.…

…It may also be observed that for a conviction to be had in offences involving sexual transgressions, the need for corroboraiton of the evidence of prosecution is essential.…

…During the course of the trial, the prosecution sought to adduce the cautionary statement of the appellant in evidence.…

…He then appealed to the High Court against both the convictions and sentences and among his grounds of appeal were some challenging his identification by the prosecution witnesses who alleged they saw him among the robbers…

…He then appealed to the High Court against both the convictions and sentences and among his grounds of appeal were some challenging his identification by the prosecution witnesses who alleged they saw him among the robbers…

…The prosecution called eight (8) witnesses.…

…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.…

…It could have been due to poor prosecution but the learned trial magistrate should not have allowed that to happen. A.P.C. Alex Gichege was recorded as P.W.3 when he should have been P.W.4.…

…Firstly, the prosecution was poor and the evidence badly recorded. Secondly, the statement under inquiry was inadmissible and if admissible, it was improperly admitted in the evidence.…

…The learned trial magistrate gave the summary of the evidence for the prosecution and the appellant and then stated that the appellant had been properly identified and convicted him.…

…Regarding the appellant's alibi defence, he said the same was displaced by the prosecution evidence. He dismissed as unfounded Mr.…

…The prosecution is therefore relying on circumstantial evidence that if the children saw the appellant mix something in a cup, she must be the one who laced the tea with poison. That evidence, however, does not add up.…

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

…If the prosecution evidence is accepted then after the arrival of Wanjuki the events that happened constituted corruption.…

…It was the option of the prosecution with which offence to charge the appellant.…

…If the prosecution evidence is accepted then after the arrival of Wanjuki the events that happened constituted corruption.…

…It was the option of the prosecution with which offence to charge the appellant.…

…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.…

…That being the case, in the present case, on the basis of Section 28(b) of the Evidence Act, the material statements ought to have been excluded in the consideration whether or not the prosecution had proved the case against…