Case law
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Division and case type: CriminalCriminal Case
…Magolo referred to the evidence of PW1 who stated in his evidence that the offence occurred at Malaba and that the applicants switched off their phones thereafter.…
…He indicated that in the lower court case, an objection was raised after PW1 adduced evidence. 10.…
Division and case type: CriminalCriminal Case
…Without proper evidence before me, I can only use the words of the Court of Appeal in Daniel Nyanza & Others vs Republic Cr.…
…Appeal No. 134/2005 and state as follows: “Under all those circumstances, there is no proper evidence on the complaint based on violation of the appellants’ rights under section 72(3) (b) of the Constitution.…
Division and case type: CriminalCriminal Case
…therefore this court will, in the interest of justice to all the parties in the case, await production of the motor vehicle in question as an exhibit after the arresting officers, and the investigating officer give their evidence…
Division and case type: CriminalCriminal Case
…In the circumstances an order of specific performance could not be issued. 16.Although the parties did not refer to it I am entitled, pursuant to section 60(1)(a) of the Evidence Act (Chapter 80 of the Laws of Kenya), to…