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…The Trial Court erred in failing to find that the prosecution did not prove the offence beyond a reasonable doubt under Sections 107 and 109 of the Evidence Act. 3.…

…The Trial Court erred by failing to consider the prosecution's non-compliance with Sections 64 and 66 of the Evidence Act regarding the certification of primary and secondary evidence. 7.…

…The proviso to Section 124 of the Evidence Act allows the court to receive evidence of an alleged victim of a sexual offence, notwithstanding that it is the only available evidence and to record the reasons for believing…

…There was noncompliance with the express provisions of the proviso to Section 124 of the Evidence Act. 17.…

…of phone communication between officers and the informer, contrary to Section 107(1) of the Evidence Act. d) The trial court erred in finding that the Prosecution had discharged its burden of proof beyond reasonable doubt…

…Regarding the failure to call the confidential informer or produce telecommunication call logs, Section 132 of the Evidence Act dictates that no particular number of witnesses is required to prove a fact.…

…The Appellant also argued that the trial court failed to properly apply the proviso to section 124 of the Evidence Act, which requires the court to record reasons for believing that the complainant is telling the truth when…

…Section 143 of the Evidence Act makes clear that no particular number of witnesses is required to prove a fact.…

…That the trial court erred by convicting the Appellant on uncorroborated evidence that fell short of the standard required under section 124 of the Evidence Act.…

…Whether the trial court properly invoked and applied the proviso to section 124 of the Evidence Act. Whether the trial court adequately considered the Appellant’s defence.…

…It is argued that no reason was laid for the absence of the original doctor and that this constituted a violation of Section 33 of the Evidence Act. 8.…

…The Evidence Act, (s. 124, cap. 80).”.…

…Act. i) The learned trial magistrate erred in law and fact by failing to consider the unreasonable delay in arresting and charging the appellant, which pointed to poor and shoddy investigations. j) The learned trial magistrate…

…Act by relying on the complainant's testimony without adequately addressing the contradictions and doubts arising from the evidence. m) The learned trial magistrate erred in law and fact by shifting the burden of proof to…

…In Joseph Mahende v Republic (2019) eKLR, the Court of Appeal stated that: - “Our interpretation of section 33 (d) of the Evidence Act as read with section 77(1) & (2) of the Evidence Act, is that evidence touching on expert…

…opinion should be tendered by experts themselves as provided for under Section 48 of the Evidence Act.…

…The trial magistrate, in compliance with section 124 of the Evidence Act, found that Pw1 was telling the truth, as she was firm about who had impregnated her. 16.…

…Republic [2014] eKLR and stated thus: “40.There is no dispute that under Section 124 of the evidence Act, a court can convict based on the evidence of the victim alone in sexual offences.…

…He added that the proviso to section 124 of the evidence Act and medical evidence must be borne in mind as well as section 143 of the Evidence Act.…

…Act…the proviso to section 124 of the Evidence Act provides that no corroboration is required in cases where the court believes that the complainant is telling the truth..”…

…Act; that the trial court recorded no sufficient reasons under section 124 of the Evidence Act; and cites, among others, Mohamed v Republic [2006] eKLR, Hassan Hussein Yusuf v Republic [2015] eKLR, Bukenya & Others v Uganda…

…Section 124 of the Evidence Act and corroboration 24.…

…Whether the trial court misapplied Section 124 of the Evidence Act. 42.…

…complainant was telling the truth. 43. .Section 124 Evidence Act provides as follows: Notwithstanding the provisions of section 19 of the Oaths and Statutory Declarations Act, where the evidence of alleged victim admitted…

…He relied on Section 107(1) of the Evidence Act , submitting that the burden of proving the alleged facts rested entirely on the prosecution.…

…He further argued that the DNA report lacked the certification required under section 77(3) of the Evidence Act, rendering it unreliable and incapable of authenticating the Government Analyst's findings.…

…The manner in a court should evaluate the evidence of a victim of a sexual offence as provided for under section 124 of the Evidence Act was explained by the Court of Appeal in the case of Sahali Omar vs.…

…In the case of PMG v Republic [2022] KEHC 2440 (KLR) the learned judge Onyiego, considering the import of section 124 of the Evidence Act said: “Although a court has the power to convict under Section 124 of the Evidence…

…This corroboration meets the evidentiary threshold under section 124 of the Evidence Act. The reporting timeline further supports the credibility of PW 1 's narrative. PW I was advised to seek medical treatment. 16.…

…The law allows a conviction that is based on a single witness under Section 143 of The Evidence Act. 21. It argues that the failure to call the investigation officer is not fatal. 22.…

…That Section 77 of the Evidence Act was not complied with when the medical certificate was produced by PW3; and, the defence put up was elaborated and cogent which should not have been disregarded.…

…Clearly Section 77 of the Evidence Act was complied with. That notwithstanding, it was held by the Court of Appeal in Ali Kassim vs.…

…The appellant submits that the trial magistrate misinterpreted the provisions of section 124 of the Evidence Act as the evidence from the victim and documents are so contradictory that they raise serious doubt.…

…Given that the two reports contradicted each other they offer no help to the court the court must consider section 124 of the Evidence Act.…

…Act). 23.…

…Stating the colleague was "on transfer" is insufficient to satisfy the strict requirements of Section 33 of the Evidence Act and there was no demonstration that Beatrice Martha was "unavailable" in the sense required by law…

…It was argued that the learned trial magistrate erred in law in misapprehending the extent to which section 36 of the Sexual Offences Act and section 124 of the Evidence Act relate to each other and whether the two sections…

…Section 124 of the Evidence Act states: Notwithstanding the provisions of section 19 of the Oaths and Statutory Declarations Act (Cap. 15), where the evidence of the alleged victim is admitted in accordance with that section…