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…......2ND APPLICANT VERSUS THE DIRECTORATE OF CRIMINAL INVESTIGATIONS, KIAMBU....1STRESPONDENT THE NATIONAL POLICE SERVICE............................................................2ND RESPONDENT THE DIRECTOR OF PUBLIC PROSECUTIONS…

…If the prosecution wish to have the accused dealt with for other offences which are not charged, then the accused can be charged with those offences, or, semble in the High Court but not in the subordinate court, the accused…

…Further where the prosecution is in possession of evidence of trafficking (and the evidence is not to be led at the trial ) notice of it should be given to the defence, so that they have an opportunity to consider it and…

…It is the plaintiff’s case that his prosecution was malicious and his dismissal wrongful.…

…Two matters must be established before the tort of malicious prosecution can be sustained.…

…He was unable to give any evidence that could justify the prosecution of the plaintiff and I have come to the conclusion that the prosecution of the plaintiff was unreasonable and unjustifiable.…

…There will be other cases where a prosecution is clearly launched on the instigation of a complainant who has persuaded a police officer to conduct the prosecution on his behalf.…

…The prosecution offered absolutely no explanation as to why they kept the appellant in custody for that long period and what they had been doing with her.…

…– they ie the prosecution, must prove that the length of the period for which the accused was in their custody had no effect on his making the statement.…

…This was never produced by the prosecution and the only logical observation is that it is because It was adverse to the prosecution case. If it was not, why conceal it from the court.…

…Yes, it was fatal to the prosecution case. It alleged that the appellant received Shs.50/- not 100/- as alleged in the charge or by the prosecution witnesses. She denied the charge.…

…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.…

…On that date (February 23, 1982) the respondent appeared before the chief magistrate when prosecution indicated that they intended to consolidate this case with another case.…

…The above section applies where the prosecution have called witnesses to testify against the accused and after the close of the prosecution case. Clearly that was not the position in the present case.…

…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 grounds of appeal are briefly that the judge erred in confirming the conviction when the RM in his judgment had evaluated the evidence for the prosecution in isolation and failed to consider the unsworn statement, also…

…Thus the judge accepted the prosecution’s case and proceeded to dismiss the appeal. That is worse than commission of the error of looking separately at the case for the prosecution and the case for defence.…

…The case for the prosecution was that the complainant Philomena Wambui (PW 1) was travelling home in a matatu when the appellant snatched her handbag, wrist-watch and Kshs 2,150 cash.…

…The learned trial magistrate found the evidence of PW 1 and PW 2 truthful and found that the prosecution had proved its case to the degree required. He accordingly convicted the appellant as charged.…

…His argument before that Court was that the entire prosecution case against him was dependent on the alleged evidence of identification.…

…Without its consideration and findings made on it, the issue of the appellant’s correct identification remained unresolved, since that defence conflicted with the prosecution case in that connection.…

…Defence counsel was present from the commencement of the trial up to the close of the prosecution case but was absent on May 22, 1985 when the defence case opened.…

…Again and on his behalf, his counsel who was present throughout the presentation of the prosecution evidence, had cross-examined the prosecution witnesses as he saw it fit.…

…It was the prosecution case that it was the same gun with which the conductor of the bus had been shot and killed.…

…The learned trial magistrate rejected their defence and, accepting the prosecution case, convicted and sentenced them as offered.…

…So the prayers which were left were, firstly that the suit be struck out for being an abuse of the process of the court and for want of prosecution. An application under O.…

…In the above circumstances it is my view that the application for the dismissal of this suit for want of prosecution under O. XVI rule 5 is premature.…

…The case for the prosecution was that the accident was caused by the appellant in that he had driven at a high speed as well as on the wrong side of the road and also failed to brake in time to avoid hitting the deceased.…

…The prosecution of the appellant arose from an accident which occurred within Thika Municipality on 11.8.88.…

…The prosecution case against the appellant was that at about 5.30 am on December 11, 1983 he gave a Seiko wrist watch to a waitress named Mary Jane Akinyi Otieno at the Mirangi Day and Night club within the Nakuru District…

…Section 200 is not to be invoked where, as seemingly in the instant case, such a halfheard trial is a short one, it could be conveniently started de novo because the prosecution witnesses are still available locally, and…

…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.…

…The complaint advanced on behalf of the appellant as we understood it is that the prosecution acted unfairly in adducing the medical evidence upon which the High Court adjudged that the appellant was mentally sick at the…

…The prosecution was required to prove intent and the nature of things the prosecution properly decided that it had become necessary to satisfy the court that the appellant was insane at the time he killed.…