Search court decisions

…Hence the prayer that this court considers the evidence that was already tendered in court and not entertain new evidence.…

…Otherwise, making an order to re-weigh the exhibit would be demonstrating that the appeal is meritorious hence calling for new evidence.…

…Magolo Counsel for the Appellant on the same day as the application where he contended that the Appellant’s case was that with the new evidence, he may not be the father of the child of the complainant.…

…With emergence of this new evidence a second DNA would be necessary to conclusively prove the paternity of the child born out of the alleged defilement.…

…It is submitted that the Birth Certificate sought to be introduced was never mentioned during the trial and cannot therefore qualify as new or compelling evidence.…

…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…

…On whether or not the alleged new evidence is admissible, it was submitted that while Section 358 of the Criminal Procedure Code (cap. 75) allows an appellate court to admit fresh evidence in the interest of Justice, in this…

…In conclusion, the Respondent’s Counsel submitted that there was sufficient evidence to sustain the charge and that the second ground of appeal is unfounded as the Appellant has not provided the alleged new evidence.…

…Review also presupposes discovery of new evidence, which was unavailable when the order was being made. It was not established that new evidence had been discovered, which was not available on 31st July 2025.…

…Review also presupposes discovery of new evidence, which was unavailable when the order was being made. It was not established that new evidence had been discovered, which was not available on 31st July 2025.…

…It was further submitted that a retrial is also permitted in a case of serious offence where there has been an acquittal but compelling new evidence has subsequently come to light.…

…The respondents submit that the issues raised by the prosecution are not new evidence and that the prosecution did not appeal against the ruling made by the trial magistrate on 23/1/2023 denying them the adjournment.…

…Section 310 on the other hand donates a right to the State to seek leave to call evidence in rebuttal of any new evidence that may be raised by an accused person in his defence.…

…It is simply to the effect that the fact of an accused person giving new evidence in his defence does not per se guarantee the Prosecutor a right of reply except where the Director of Public Prosecution is personally present…

…The said report cannot be termed as new evidence given that it has always been available save, as aforesaid, no request had been made by the appellant for it’s production.…

…It is the Applicant's contention that the Small Claims Court judgment constitutes new evidence which was unavailable during the trial before the subordinate court because it had not yet been delivered. 6.…

…Mr Mogere Prosecution Counsel appearing for the respondent submitted that the principles governing the taking of new evidence on appeal are well settled in Mohammed Abdi Mohammed Vs. Abdi Abdullahi Mohammed 2018 eKLR .…

…The law governing the taking of additional evidence on appeal is basically that the evidence intended to be adduced should be new and important evidence whose discovery could not have been made before the conclusion of the…

…Mr Mogere Prosecution Counsel appearing for the respondent submitted that the principles governing the taking of new evidence on appeal are well settled in Mohammed Abdi Mohammed Vs. Abdi Abdullahi Mohammed 2018 eKLR .…

…The law governing the taking of additional evidence on appeal is basically that the evidence intended to be adduced should be new and important evidence whose discovery could not have been made before the conclusion of the…

…I hold that the letter dated 15-03-2028 having been the origin of the revision, it could not and cannot be new evidence.…

…I hold that the letter dated 15-03-2028 having been the origin of the revision, it could not and cannot be new evidence.…

…Such new evidence cannot be raised at this stage, since by so doing, the appellant is stating his evidence at the appeal stage which is untenable.…

…The prosecution must be given a chance to rebut any new evidence that shakes its case. The alibi should as a matter of course introduce doubt in the mind of the court.…

…The Appellant’s birth certificate was never availed at the time of the trial and the same is an attempt to adduce new evidence at appeal stage and I find that the medical and eyewitness evidence leaves no reasonable doubt…

…His grounds of appeal are the charge was incurably defective, and bad for duplicity; the testimonies of the witnesses were founded on hearsay and were contradictory; the evidence lacked probative value; new evidence was presented…

…(They are neither facts nor new evidence) As they stand they are no more than mere allegations unsupported by evidence.…