Search court decisions

…What is the quality of the identification evidence?…

…It is this evidence which has to be considered in the light of the guildeliness regarding evidence of identification which were set out in the case of Turnbull v R [1976] 23 WLR 445 see also in Anjozi v Republic [1980] KLR…

…What is the quality of the identification evidence?…

…It is this evidence which has to be considered in the light of the guildeliness regarding evidence of identification which were set out in the case of Turnbull v R [1976] 23 WLR 445 see also in Anjozi v Republic [1980] KLR…

…What is the quality of the identification evidence?…

…It is this evidence which has to be considered in the light of the guildeliness regarding evidence of identification which were set out in the case of Turnbull v R [1976] 23 WLR 445 see also in Anjozi v Republic [1980] KLR…

…Eight witnesses altogether gave evidence at the trial that they recognised the second appellant.…

…He cited the case of Cleophas Otieno Wamunga v Republic (Criminal Appeal No 20 of 1989)where this Court said: “ It is trite law that where the only evidence against a defendant is evidence of identification or recognition…

…The evidence adduced was collaborated in material aspects by the evidence of an independent witness who was found by the magistrate to be honest and the evidence could therefore not be impeached. 2.…

…Mr Gatonye did not give hearsay evidence.…

…There was very little evidence to show that Agustus had that money and where he had kept it. The only real evidence against the appellant was an allegation by PC.…

…PW.2 being a police constable could not take any confession from the appellant and his evidence ought to have been ignored.…

…The paucity of evidence on the mental element was, made up by what is clearly hearsay evidence.…

…Accordingly, the evidence narrated to the court about what the informant told the police was inadmissible as hearsay evidence and ought to have been rejected by the trial court. That evidence was not excluded.…

…The evidence against the appellant was overwhelming as he was identified by the purchaser and an eyewitness to the theft. 2.…

…Then there was the evidence of Francis Lihanda alias Cisco (PW 19) who bought this lorry from the appellant in Western Kenya (Kisumu and Kakamega).…

…In view of the sketchy evidence of the eyewitnesses and the sketch plan, which seemed consistent with either version, the evidence of the turnboys was of importance and the magistrate should have given opportunity for the…

…The absence of such evidence materially prejudiced the appellant. 2.…

…There was no expert evidence to show what speed was implied by the 44.50 meter skid marks. 3.…

…At the point of the accident the road is straight and the evidence is that the weather was good. Further evidence by the motor vehicle examiner suggested that the appellants’s matatu did not have any preaccident defect.…

…It would seem that such finding was made on the basis of the evidence of the mother.…

…Medical evidence, if sought to be adduced, ought to be so done with propriety and not in such slipshod manner. The doctor who examined the complainant should have been called to adduce proper evidence.…

…The main ground in this appeal is on the confession statement which was retracted and repudiated and the corroborative evidence to make it admissible in evidence.…

…The link in the evidence leading to the blood-stain is missing and to rely on the bloodstain as corroborative evidence which evidence was not shown to have proved the guilt of the appellant would be unsafe.…

…The card was put in evidence as exhibit Pex 6. The antenatal clinic card of the mother of PW 2 was also put in evidence as exhibit Pexb.7. Pexb.7 shows that PW 2 was in good health. 9.…

…In this regard, there is the evidence of PW 2 that the appellant had sexual intercourse with her. Then there is the medical evidence of Hillary Kiptoo (PW 1), who examined PW 2.…

…What we must consider however, is whether the absence of his evidence adversely affects the evidence of the other eyewitnesses as proof beyond reasonable doubt of the offence with which the appellant was charged.…

…With respect to the lack of ballistic evidence connecting the shot alleged to have been fired by the appellant which caused the death of the deceased, there is the uncontroverted medical evidence that the deceased died of…

…As such they could not betaken as evidence against the other, even to the limited extent permitted by section 32 of the Evidence Act (cap 80).…

…30 of the Indian Evidence Act (now section 32 of cap 80).…

…The appellant’s contention in this appeal is on the grounds that the two courts below erred in law in not treating Mr Barlow’s evidence as that of an accomplice; the evidence of Samson Onyango (PW 2) was not impartial as…

…of PW 1 has been strongly corroborated by the evidence of PW 3, PW 5 and PW 7”.…

…The evidence of PW 2 is not as specifically supported by other evidence as that of PW 1 and I warn myself of the danger of accepting his evidence.…

…In this case I am satisfied that the evidence of PW 2 is acceptable considered in relation to the evidence of PW 1, PW 6, PW 7 and the doctor, and may be acted upon.…

…of the evidence of the five prosecution witnesses whose evidence we have just referred to and who should be considered as accomplices but whose evidence we believe what the accused is alleged to have said in his inquiry…

…The inspector gave evidence as did the accused.…

…of that evidence so it is worthless and cannot be convicted on but Mr.…

…Cap 15 and S.124 of Evidence Act deal withChildren's evidence under our statute law.…