Case law
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Division and case type: CriminalCriminal Appeal
…evidence 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.…
…In reply the first appellant still maintained that there was no medical evidence while the second appellant said that his life is in danger as he has contracted tuberculosis while in prison and he has a swollen neck.…
Division and case type: CriminalCriminal Appeal
…The complaint advanced on behalf of the appellant as we understood it is that the prosecution acted unfairly in adducing the medical evidence upon which the High Court adjudged that the appellant was mentally sick at the…
…It is not conceivable that there would be medical evidence suggesting that the appellant could be set at liberty without any risk before the illness which PW 5 diagnosed is treated and cured.…
Division and case type: CriminalCriminal Appeal
…Further, it was argued that the prosecution evidence was full of contradictions and that the medical evidence did not corroborate PW1’s allegation as the doctor who testified is not the one who filled the P3 form.…
…The proceedings indicate that the prosecution invoked the provisions of Section 77 of the Evidence Act. The medical evidence of PW6 corroborates the evidence of the complainant.…
Division and case type: CriminalCriminal Appeal
…The medical evidence adduced was a vaginal smear examination report by an unknown person which was altogether negative. This report was produced by a police constable.…
…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.…
Division and case type: CriminalCriminal Appeal
…The court found that the medical evidence proved penetration, and that the same was by the appellant.…
…The appellant alleges that the medical evidence was imsy, yet he has not demonstrated how that was so. Both PW1 and himself were examined by PW2, within hours of the occurrence of the events.…
Division and case type: CriminalCriminal Appeal
…The court found that the medical evidence proved penetration, and that the same was by the appellant.…
…The appellant alleges that the medical evidence was imsy, yet he has not demonstrated how that was so. Both PW1 and himself were examined by PW2, within hours of the occurrence of the events.…
Division and case type: CriminalCriminal Appeal
…The court found that the medical evidence proved penetration, and that the same was by the appellant.…
…The appellant alleges that the medical evidence was imsy, yet he has not demonstrated how that was so. Both PW1 and himself were examined by PW2, within hours of the occurrence of the events.…
Division and case type: CriminalCriminal Case
…The court found that the medical evidence proved penetration, and that the same was by the appellant.…
…The appellant alleges that the medical evidence was imsy, yet he has not demonstrated how that was so. Both PW1 and himself were examined by PW2, within hours of the occurrence of the events.…
Division and case type: CriminalCriminal Appeal
…On counts three and four, there was no medical evidence nor any observation of what happened to each complainant by the other to afford corroboration.…
Division and case type: CriminalCriminal Appeal
…They all also said that they and the deceased were not armed and, what borne out by the medical evidence, that the deceased was shot in the back of the head not only negating any presumption that he had been shot in self…
…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…
Division and case type: CriminalCriminal Case
…The medical evidence established that the deceased had a compound fracture on both forearms and also on the occipital area. The cause of death being the said multiple injuries leading to celebral haemorrhage.…
Division and case type: CriminalCriminal Appeal
…On counts three and four, there was no medical evidence nor any observation of what happened to each complainant by the other to afford corroboration.…
Division and case type: CriminalCriminal Appeal
…PW 1 then put in evidence further medical reports being exhibit pex 4 and 5, which confirmed the HIV status of PW 2. PW 2 told PW 1 that she has been having sex with her father over a period of time.…
…Then there is the medical evidence of Hillary Kiptoo (PW 1), who examined PW 2. According to him, he found upon her genital examination that her hymen was broken. He further found bruises on both labias.…
Division and case type: CriminalCriminal Appeal
…His evidence is well corroborated by the testimony of his father and the medical evidence.…
Division and case type: CriminalCriminal Appeal
…The next day she was found by her mother to have been sexually interfered with as her mother thought, and this was confirmed by the medical evidence. Penetration of some sort was proved by the rupture of the hymen.…
…There was no direct medical or analytical evidence connecting the appellant with the defilement of the complainant.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…The medical evidence given by PW 2 Dr Ranganathan, was that PW 1 had a deep cut on the right eye about 3 1/2 inches long.…
Division and case type: CriminalCriminal Appeal
…The appellant was represented in the lower court and made no effort to call medical evidence.…
Division and case type: CriminalCriminal Appeal
…That is obviously correct, but we would go further and point out, as Mr Mbuthia also pointed out to us, that even the medical evidence brought by the prosecution did not support their general theory that Tabitha died from…
Division and case type: CriminalCriminal Appeal
…This is clear from his own testimony and from medical evidence.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…investigations about the used and unused cartridges etc, and whether or not the gun tested by the ballastic expert was the same gun which was recovered as a result of the 3rd accused’s information and the failure to adduce proper medical…
…evidence.…