Search court decisions

…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.…

…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.…

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

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

…Also that the Trial Magistrate erred in relying on the evidence of PW 2, PW3 and PW4 and that the defendant evidence was disregarded. Finally that the sentence is harsh and excessive.…

…The evidence as to what happened at the scene is given by PW1, David Otieno. He said he was at the Mombasa Beach with his friend Magdaline Gakii. This lady was not called to give evidence at all.…

…The said drug and the cloth containing the pocket where it was found were produced in evidence (Ex1 & 2).…

…Learned trial magistrate considered the evidence before him and believed the evidence of the two police officers (PW1 and PW2) that it was from the person of the appellant and not any other person that they had found the…

…The evidence of these three witnesses were taken by Mr Mganga between 22nd January, 1986, and 14th August 1987.…

…But even on the evidence itself it was the duty of the prosecution to prove the charge against the two appellants beyond any reasonable doubt and on the evidence brought by the prosecution I think that the appellants ought…

…It is the evidence of P.W.2 who lives in a neighbouring compound that at the same time he was awoken by noise of barking dogs and an alarm from P.W.1’s compound.…

…It is then in the evidence of P.W.2 to the effect the man whom he shot had severally pelted stones at him despite being shot at.…

…The evidence adduced in the court below is well set out in the Judgment of the learned trial Magistrate.…

…Upon my own evaluation and consideration of the recorded evidence, I am satisfied that the conviction of the Appellant was based on sound and reliable evidence.…

…The complainant was not staying in that house and she stated in her evidence that there was another school boy called Charo who was looking after the house for her.…

…That boy was not called to give evidence and say how the property of PW.1 were removed from her house. As Mr. Metho also rightly points out, there was no certain and clear evidence that the house in which Sgt.…

…There was clear and uncontradicted evidence to the effect that both, the charged quantity of cannabis sativa and the toy pistol were found in the house from which appellant emerged and fled away from the 2 Policemen who were…

…It was also in the evidence of the prosecution that the Policemen searched the house immediately after the appellant had escaped from them.…

…Secondly on evidence she attacked the admission of copies of receipts, and reliance on PW.2's evidence because he was to her, as a suspect but I must state straight away that there is no such evidential status under the evidence…

…Miss Njeru's reference to a suspect's evidence cannot be taken to affect evidence.…

…Secondly on evidence she attacked the admission of copies of receipts, and reliance on PW.2's evidence because he was to her, as a suspect but I must state straight away that there is no such evidential status under the evidence…

…Miss Njeru's reference to a suspect's evidence cannot be taken to affect evidence.…

…If those pieces of evidence were taken away, Mr Prinja said, the rest of the evidence did not take the case any further.…

…In response to this evidence, the appellant made an unsworn statement.…

…In their respective petitions of appeal, both appellants stated that they were convicted upon insufficient evidence and that the learned magistrate had not considered their respective defences.…

…The fact that the 1st and 2nd appellants were found in possession of very recent stolen properties corroborates the evidence of PW2 and PW3 that they were able to see them at the scene of crime during the robbery.…

…There is no other evidence, direct or circumstancial, to corroborate the evidence of the complainant.…

…evidence can be safely accepted as true and free from the possibility of error.…

…We come to the issue whether there was evidence to support the handling charge, having in mind that there is a divergence of views upon the evidence held by the lower courts.…

…But it is noticeable that the alleged discrepancies in her evidence are minuscule, and understandable.…

…Grounds 1 and 5 of the appeal have expressed the appellant’s disbelief over the acceptance of the sole evidence of the complainant about the incident as against the appellant’s evidence (unsworn statement ) and his action…

…The evidence of the sole prosecution witnesses to the incident, that is the evidence of the complainant, was fully corroborated by that of the other four Tanzanians who had contributed to the sum that was brought by the complainant…

…Mwanajuma Adam Said (PW.4) is a close neighbour of PW. 2 and she supported the evidence of PW.2 that it was the appellant who took the radio to PW.2’s house.…

…That contention is untenable taking into account that the evidence of PW.6, if that evidence is to be believed.…

…That the Trial Magistrate erred in Law by failing to give consideration to his defense evidence.”…

…He challenged the evidence of the complainant which he said was not enough to convict him.…