Search court decisions

…Ong’undi, Esq, P.M.) in Criminal Case No 189 of 1989) Evidence – secondary evidence – notice to produce a document – Evidence Act (cap 80) section 69 – to whom such notice is given – when such notice can be dispensed with…

…Evidence – expert evidence – evidence of document examiner and handwriting expert – how such evidence should be treated by the court Crimes – fraudulent false accounting–– Penal Code (cap 63) section 330(a) – entries in a…

…All the accused persons gave unsworn evidence and called no witnesses. The sum total of their evidence is that PW8 was a businessman who was buying and selling maize at Simatwet.…

…The other evidence on the record is evidence from police officers. PW3 received exhibits in a carton to take to the government chemist which he did using exhibit memo form.…

…For what may appear, the sequential recapitulation of evidence, the evidence of Wayua Muvengei (PW1) and Anna Kalau (PW10) needs be reviewed first.…

…Besides other evidence that he gave, I.P. Musili (PW7) gave similar evidence regarding how the accused led them to the point where he left the bicycle and its subsequent recovery at the home of Kilonzi (PW6).…

…That medical evidence talks of beating in general yet from the evidence the deceased was beaten several times.…

…evidence of Crispo, Phillemon and Charles.…

…Case No 496 of 1990 of the Resident Magistrate’s Court at Mombasa, G M Njuguna, Esq, RM) RULING A witness by the name S Pandya was summoned to appear before Resident Magistrate in the above Criminal Case on 14/8/90 to give evidence…

…The Evidence Act (section 124, cap 80).…

…of a child of tender years and had also overlooked significant items of evidence bearing on the reliability of her evidence the conviction could not stand.…

…The two were finally charged with the murder of the deceased.The two gave evidence in the defence. They denied completely having anything to do with the murder.…

…It is not corroborated but it is consistency of the P.W.1’s evidence to this effect and his doing so from the witness box corroborate P.W.I’ evidence with respect to accused No.1.…

…The learned trial Magistrate considered the evidence before him.…

…He believed the evidence of the complainant and his wife that they gave the Appellant Kshs 15,000/- which was allegedly for payment to various Government Departments for their marriage.…

…Sufficiency of evidence must be looked at from the subjective view of the investigating officer. Sufficient evidence must be such that in the opinion of such police officer such evidence may result in conviction.…

…This must be considered in the light of all the evidence. There is evidence that there was a crowd outside the store after the police started arriving.…

…Sufficiency of evidence must be looked at from the subjective view of the investigating officer. Sufficient evidence must be such that in the opinion of such police officer such evidence may result in conviction.…

…This must be considered in the light of all the evidence. There is evidence that there was a crowd outside the store after the police started arriving.…

…The minutes of this meeting were attached as evidence. 7.…

…However, no evidence was adduced to prove that a notice had been given prior to the meeting of the 29th of September 2020. 11.…

…evidence was imsy, and burden of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a…

…The respondent led straightforward evidence from the victim, and medical evidence from the clinician, which established prima facie, the 2 oences charged.…

…There is therefore absolutely no evidence or prima facie evidence linking the 2nd accused to the death of the deceased. In the circumstances he cannot be called upon to defend himself.…

…All the police officers who testified in this trial did not confirm the evidence that they were given the description of the attackers.…

…Mwakalamu supported that evidence in material particulars.Particularly the evidence that it was the deceased who went to pickup an axe to cut his father.…

…There was no evidence that Mwakalamu inflicted grievous or any harm to the deaseased. Such evidence as there was about anyone one striking the deceased related to another person.…

…Mwakalamu supported that evidence in material particulars.Particularly the evidence that it was the deceased who went to pickup an axe to cut his father.…

…There was no evidence that Mwakalamu inflicted grievous or any harm to the deaseased. Such evidence as there was about anyone one striking the deceased related to another person.…

…The definition of fact (in the Evidence Act) does not restrict a fact to something which can be exhibited as a material object.…

…Section3(2) of our Evidence Act provides: “ 3(2).…

…I have considered the evidence of Harun and the defence of the accused.…

…There was no evidence as to how he felt in the hospital during that period. However, taking it for a moment that this was a dying declaration, I propose to turn to the law on the point.…

…In his petition of appeal the main grounds of complaint are that the learned trial magistrate disregarded his defence; that she convicted him on the basis of conflicting prosecution evidence; that the police officer who arrested…

…The issue which Mr Harwood grappled with before us is whether or not the trial magistrate’s findings, that the appellant obtained the money by false pretences was supported by evidence adduced before her.…

…Shabola submitted that the evidence produced by the prosecution although circumstantial, did place the appellant at the scene of crime. Mr.…

…The appellant admitted that PW4 was known to her but said that, part of her evidence were lies.…