Search court decisions

…Mr Muhia thereafter referred us to Section 25 and Section 28(b) of the Evidence Act and urges us to uphold his contention that the appellant’s confession could not, in law, be proved against him. 5.…

…That being the case, in the present case, on the basis of Section 28(b) of the Evidence Act, the material statements ought to have been excluded in the consideration whether or not the prosecution had proved the case against…

…Evidence under Section 124 of the Evidence Act does not require corroboration. The prosecution does have discretion of who to call as a witness.…

…It was further submitted that under Section 77 of the Evidence Act, any person who qualifies as a medical doctor or clinical officer can produce a P3 form as well as a post rape care form on behalf of another expert unless…

…in the Kenya Evidence Act have supplanted the previous law on the subject.…

…The first one is (1 KAR 540 at 549): ‘But section 30 of the Indian Evidence Act which corresponds now to section 32(1) of the Evidence Act, Cap 80) merely says that a confession by a co-accused may be “taken into consideration…

…Evidence Act (cap 80) section 124 January 17, 1991, Wambilyangah Ag J delivered the following Judgment.…

…that the girl in question was only 13 years, (see the P3 form) and where her obvious appearance or physical stature warranted the learned magistrate to treat her as a child of tender years as required by section 124 of the Evidence…

…Act that qualifies treatment of a suspect.…

…Our S.141 of Evidence Act says:- "An accomplice shall be a competent witness against an accused person and a conviction shall not be illegal merely because it proceeds upon the uncorroborated evidence of an accomplice", So…

…Act that qualifies treatment of a suspect.…

…Our S.141 of Evidence Act says:- "An accomplice shall be a competent witness against an accused person and a conviction shall not be illegal merely because it proceeds upon the uncorroborated evidence of an accomplice", So…

…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).…

…Tibanyendela (1948) 15 EACA 111 it was held that extra judicial statements by co-accused which exculpate themselves and implicate one or more of their co-accused are not admissible in evidence under section 30 of the Indian Evidence…

…It is said that S 57 (1) of the Evidence Act allows evidence to be admitted that the accused person has committed or been convicted of or charged with any offence other than that with which he is then charged or is of bad…

…In consideration of conviction, the allegation without more that other offences have been committed, even if admissible under the Evidence Act, would be more prejudicial to the accused than probative, and should be excluded…

…If that is so then their evidence requires corroboration by law (section 124 Evidence Act), and they cannot therefore corroborate each other. For that reason only the conviction cannot be sustained.…

…re-evaluate the entire evidence and find that there was no evidence to convict; by passing a conviction and sentence based on the doctrine of recent possession; by failing to observe the contraventions of section 163(c) of the Evidence…

…Act; by failing to comply with section 169 of the Criminal Procedure Code; by basing conviction and sentence on scanty and flawed prosecution evidence; by failing to observe contravention of section Article 50(1) of the…

…This is not only logical and circumstantially necessary but would also lay the foundation required to have the report sensibly produced under section 77 of the Evidence Act as it would finally turn out.…

…This court has therefore to assume in favour of the prosecution that it was so produced under section 77 of the Evidence Act. But as I said in answer to a similar issue in Mombasa HCCR.A.…

…Nor was it permissible under section 57(1) of the Evidence Act (cap 80) to give evidence that the appellant had been convicted of the theft of the car. It proved nothing and was highly prejudicial.…

…A statement made by an agent to a party to a proceeding in terms of section 18(1) of the Evidence Act (cap 80) would be an admission, to the satisfaction of a court.…

…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…

…found their evidence as falling within the rare exception where the accomplice evidence is exceptionally cogent and credit worthy, in which case it would be safe to convict without corroboration (see section 141 of the Evidence…

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

…It is a presumption of fact arising under section 119 of the Evidence Act, Cap 80 Laws of Kenya which provides: “The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to…

…two limbs of Stella’s evidence, namely her alleged recognition of the voice of the appellant and the statement of the deceased which, to have been admissible, would have to fall within the ambit of section 33(a) of the Evidence…

…Act (cap 80) as a dying declaration.…

…In other words, did he have the necessary certificate required by the Firearm Act? The evidence shows that he did not.…

…But he referred us to section 175 of the Evidence Act (cap 80) and submitted that even if the hearsay evidence was excluded, there was enough circumstantial evidence to warrant the conviction of the appellants on the charge…

…The attack against this finding is threefold: (1) that it contravenes section 100 of the Evidence Act (cap 80) (2)that Gathaya Mwangi did not corroborate Gitonga; (3)it was used by Kimunye Investments Company to try and save…