Search court decisions

…authoritatively stated by the Supreme Court in Kibisu v Republic [2014] KESC 55 (KLR), where the Court held that "new evidence" means evidence which was not available at the time of trial and which, despite the exercise of due…

…diligence, could not have been availed at the trial, while "compelling evidence" means evidence that would have been admissible at the trial, is of high probative value, is capable of belief and which, if adduced at the…

…Learned counsel for the appellant argues that it was incumbent upon the purchasers to carry out a due diligence to confirm the official status of that parcel.…

…I find that this was a deliberate misrepresentation by the appellant to the intending purchasers of the land, the fact that they had not as yet carried out a due diligence notwithstanding.…

…The appellant contended that, at most, the evidence suggested possible negligence or lack of due diligence, which could not amount to criminal intent under Section 357(a) of the Penal Code. 33.…

…He noted that internal disciplinary proceedings had been initiated against him on grounds of lack of due diligence, reinforcing the position that the issue was administrative rather than criminal. 35.…

…Applying this principle, I find that the appellant has not demonstrated that he could not after exercising due diligence, have obtained the said report during trial and I note that no application was made before the trial…

…If the appellant made new allegations in his statutory statement or evidence on oath with regard to beating which could not be foreseen by the prosecutor by exercise of due diligence, then the prosecution, in accordance with…

…He was not instructed to conduct due diligence as parties had resolved the same prior to coming to his office.…

…The complainant had done due diligence in ascertaining the identity of the seller and verified his ownership documents from the relevant authorities before going to the Appellant''s office for making and executing a sale…

…He was not instructed to conduct due diligence as parties had resolved the same prior to coming to his office.…

…The Complainant had done due diligence in ascertaining the identity of the seller and verified her ownership documents from the relevant authorities before going to the Appellant''s office for making and executing a sale…

…He was not instructed to conduct due diligence as parties had resolved the same prior to coming to his office.…

…The Complainant had done due diligence in ascertaining the identity of the seller and verified her ownership documents from the relevant authorities before going to the Appellant''s office for making and executing a sale…

…She insisted that she purchased the plot in 2013 from Phoebe Kariithi and that she did due diligence before purchasing it. She admitted that she did not carry the decision of the court in her favour.…

…He added that the group should have first conducted due diligence about the existence of the plot through search of records before purchasing.…

…PW1 as a potential purchaser also had a duty to exercise due diligence to establish whether the appellant indeed had requisite authority to sell to the suit land to him.…

…In the case of in James Bari Munyoris-vs- Republic [2010] eKLR where the prosecution failed to call the maker of the document to testify in the case, the court had this to say; "….The prosecution must show that it took due…

…diligence on their part to secure the attendance of the maker of the document.…

…Had there been some due diligence, the defect could have been spotted early and the charge sheet perhaps amended to reflect the correct provision of the law.…

…On whether this evidence was available and could have been easily procured and within the knowledge of the Applicant at the time of trial or whether the applicant could have got the same had he done his due diligence, Counsel…

…According to the Complainant, she instructed Peter to undertake due diligence and after four days, he sent her a copy of a title deed which bore the title number BUTSOTSO/SHIBEYE/215.…

…The appellant had a duty to undertake due diligence before preparing documents that were essentially forgeries and were utilized to dispose of trust properties. 76.…

…The appellant submits that it was not proper for the learned trial magistrate to dismiss the appellant’s defence under section 8(5) and (6) of the SoA as the appellant had taken due diligence to inquire about the complainant…

…On registration, the appellant submits that trial magistrate argued that if the appellant had done due diligence, he would have found that the properties belong to PWI and PW3.…

…Appellants never came to his office and that he made the application for the grant himself and swore the affidavits based on the information he was given and further prepared the documents and commissioned them; that he did his due…

…diligence; that the 1 st Appellant did not own the land; that he does not know the 2 nd Appellant; that when the grant was issued no objection had been filed on record; that after gazettement there was no complaint filed…

…The prosecution must show that it took due diligence on their part to secure the attendance of the maker of the document. It must be shown that the witness was absent for reasons beyond the prosecution 's control. " 55.…