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…Ong’undi, Esq, P.M.) in Criminal Case No 189 of 1989) Evidence – secondary evidence – notice to produce a document – Evidence Act (cap 80) section 69 – to whom such notice is given – when such notice can be dispensed with…

…Evidence – expert evidence – evidence of document examiner and handwriting expert – how such evidence should be treated by the court Crimes – fraudulent false accounting–– Penal Code (cap 63) section 330(a) – entries in a…

…All the accused persons gave unsworn evidence and called no witnesses. The sum total of their evidence is that PW8 was a businessman who was buying and selling maize at Simatwet.…

…The other evidence on the record is evidence from police officers. PW3 received exhibits in a carton to take to the government chemist which he did using exhibit memo form.…

…For what may appear, the sequential recapitulation of evidence, the evidence of Wayua Muvengei (PW1) and Anna Kalau (PW10) needs be reviewed first.…

…Besides other evidence that he gave, I.P. Musili (PW7) gave similar evidence regarding how the accused led them to the point where he left the bicycle and its subsequent recovery at the home of Kilonzi (PW6).…

…That medical evidence talks of beating in general yet from the evidence the deceased was beaten several times.…

…evidence of Crispo, Phillemon and Charles.…

…Case No 496 of 1990 of the Resident Magistrate’s Court at Mombasa, G M Njuguna, Esq, RM) RULING A witness by the name S Pandya was summoned to appear before Resident Magistrate in the above Criminal Case on 14/8/90 to give evidence…

…On the admissibility of electronic and digital evidence, it was submitted that Section 78A of the Evidence Act provides for the same and Section 2 of the Evidence Act provides that the Evidence Act shall apply to all judicial…

…conversations took place; that there is no nexus and relevance between the purported electronic evidence as the plaintiff never spoke to such evidence during his evidence in chief, cross examination and re-examination and…

…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…The Court must find the further evidence needful.…

…Section 67 of the Evidence Act provides as follows:- “Documents must be proved by primary evidence except in the cases hereinafter mentioned.”…

…Therefore primary evidence is the best evidence to be relied and produced by a party before the Court. However, there are exceptions to the best evidence rule.…

…The Applicant seeks the following: i) Leave of this Court to adduce additional evidence on appeal.…

…Second, the 1st Respondent contends that the Appellant had prior knowledge of the evidence. Third, the 1st Respondent argues that the evidence the Appellant intends to adduce is irrelevant and lacks probative value.…

…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…The Court must find the further evidence needful.…

…to patch up his weak points or fill in gaps in evidence. 15.…

…the defendant is yet to adduce his evidence and can be allowed liberty to also expand his witnesses or documents to counter whatever new evidence the plaintiff may present.…

…The Defendant did not file any defense, nor did they call any evidence. The Plaintiff’s evidence, therefore, remains uncontroverted.…

…Thus, the only evidence on record is the evidence tendered by the Respondent and his witnesses. In Interchemie E. A.…

…allows for the admissibility of a statement in a document as evidence of a fact if the maker is incapable of giving evidence, and the original document is produced or secondary evidence is admissible. e) THAT the condition…

…Counsel cites Blacks Law Dictionary 11th Edition 2019 on the definition of documentary evidence thus;- ‘Documentary evidence.…

…Or is the additional evidence new or merely to corroborate and clarify the earlier testimony.”…

…Learned Author in the Canadian Encyclopedic Digest Evidence IV. 12 (a) which summarizes the approach the Court should adopt in assessing a party’s conduct as a relevant factor thus; “where a party wishes to adduce evidence…

…Or is the additional evidence new or merely to corroborate and clarify the earlier testimony.”…

…Learned Author in the Canadian Encyclopedic Digest Evidence IV. 12 (a) which summarizes the approach the Court should adopt in assessing a party’s conduct as a relevant factor thus; “where a party wishes to adduce evidence…

…Section 106 A of the Evidence Act is section 106 of the Evidence Act provides that electronic records may be proved in court in accordance with the provisions of section 106 b of the same Act.  …

…of any contents of the original or of any fact stated therein where direct evidence would be admissible”.…

…Under Sections 107 – 109 of the Evidence Act the burden is on whatsoever alleges in this case the Plaintiff has proved the cost Kshs. 145,042,485. The evidence is uncontroverted.…

…Burden of Proof is used to mean an obligation to adduce evidence of a fact. According to Phipson on the Law of Evidence, the term ‘burden of proof’ has two distinct meanings: 1.…

…Under Sections 107 – 109 of the Evidence Act the burden is on whatsoever alleges in this case the Plaintiff has proved the cost Kshs. 145,042,485. The evidence is uncontroverted.…

…Burden of Proof is used to mean an obligation to adduce evidence of a fact. According to Phipson on the Law of Evidence, the term ‘burden of proof’ has two distinct meanings: 1.…

…Or is the additional evidence new or merely to corroborate and clarify the earlier testimony.”…

…Learned Author in the Canadian Encyclopedic Digest Evidence IV. 12 (a) which summarizes the approach the Court should adopt in assessing a party’s conduct as a relevant factor thus; “where a party wishes to adduce evidence…