Search court decisions

…by the evidence of Matundura and Malika.…

…The trial court had accepted the evidence of the complainant, his mother and his brother, and despite the discrepancies as to time and place, there was evidence to support that decision.…

…The Evidence Act (section 124, cap 80).…

…of a child of tender years and had also overlooked significant items of evidence bearing on the reliability of her evidence the conviction could not stand.…

…The trial court warned himself of the danger of convicting the appellant on uncorroborated evidence of a child but found that from the evidence on record there was no reasonable doubt that it was the appellant who defiled…

…to the prejudice of the appellant; in failing to sufficiently appraise the evidence of the trial court as was bound to as a first appellate court; in upholding a conviction that was founded on evidence by the prosecution…

…Their evidence was recorded so badly that we were not able to figure out any useful piece of evidence either of the two gave the court during that hearing.…

…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.…

…His conviction depended upon two strands of evidence; first, the identification by the sole evidence of the complainant, and secondly the appellant’s possession of a stolen car two days after the incident in the area of Nairobi…

…Whether that is possible, depends upon clear evidence of identification apart from the parade.…

…There was a number of defects in the evidence in the trial. There was no evidence, for instance of robbery as defined in Section 296(1) of the Penal Code on count two.…

…that the evidence is reliable, then after paying attention to the warning, he may nevertheless convict.…

…It was submitted by counsel for the appellant that these witnesses (PW6 and PW7) were accomplices and it was not safe to convict on their evidence without the necessary caution or to act on such evidence without corroboration…

…There would however be no need for corroboration if the trial magistrate found their evidence as falling within the rare exception where the accomplice evidence is exceptionally cogent and credit worthy, in which case it…

…He accepted the evidence adduced by the prosecution witnesses in full.…

…then hear the accused and his witnesses and other evidence if (any).”…

…The appellant’s Memorandum of Appeal does not limit itself to those two grounds, namely that the conviction is against the weight of the evidence or that the sentence is excessive.…

…advocate, Mr Owuor, submitted one witness was an accomplice for which that Court of Appeal could find no evidence to support that submission.…

…As regards the evidence in support of the prosecution case the court below relied on the identification of the appellant by both PW 1 and PW 2.…

…The learned trial magistrate considered all the evidence before him and including the appellant’s defence and was satisfied on the basis of that evidence that it was the appellant who snatched the complainant’s property.…

…As regards the evidence in support of the prosecution case the court below relied on the identification of the appellant by both PW 1 and PW 2.…

…The learned trial magistrate considered all the evidence before him and including the appellant’s defence and was satisfied on the basis of that evidence that it was the appellant who snatched the complainant’s property.…

…As regards the evidence in support of the prosecution case the court below relied on the identification of the appellant by both PW 1 and PW 2.…

…The learned trial magistrate considered all the evidence before him and including the appellant’s defence and was satisfied on the basis of that evidence that it was the appellant who snatched the complainant’s property.…

…We now turn to a consideration of the particular evidence in the case of each appellant, bearing in mind as we do so the whole of the evidence.…

…It is said in the evidence of these witnesses that it was the home of the 2nd accused, but, apart from a report of what the 1st accused said, there is no other evidence upon which to base that allegation, and that evidence…

…There was no other evidence of any other kind whatever against the appellant.…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…There was no other evidence of any other kind whatever against the appellant.…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…was conducted unfairly and contrary to law; that the evidence was not properly considered and evaluated; that there was no independent evidence; that the appellant was not given the benefit of doubt and that the sentences…

…He said so in his evidence in chief and repeated it when the matter was raised in cross examination. The evidence of PW3 is very clear.…

…The appellant raised seven grounds of appeal; that the last appellate court judges erred in law by failing to analyse and re-evaluate the entire evidence and find that there was no evidence to convict; by passing a conviction…

…That receipt allegedly given to the complainant when he bought the phone was never mentioned by the complainant in his evidence.…

…In his view, there was not enough evidence to show that the appellant was one of the robbers.…

…The Senior Resident Magistrate dealt with the evidence of Jamlick and Caroline as well as the defence as follows: “I have considered the defence evidence and any relevant material particulars.…

…There is no evidence by the complainant to prove that the same belonged to him.…

…in order for it to be proved and failure to bring medical evidence is not fatal to the case and the sentence was well merited.…