Search court decisions

…The main ground of objection raised on his behalf in this appeal was that if the evidence in the case was properly assessed, there was no evidence at all to support the conviction.…

…is evidence on record capable of being taken into consideration to sustain the charge.…

…What is the quality of the identification evidence?…

…It is this evidence which has to be considered in the light of the guildeliness regarding evidence of identification which were set out in the case of Turnbull v R [1976] 23 WLR 445 see also in Anjozi v Republic [1980] KLR…

…What is the quality of the identification evidence?…

…It is this evidence which has to be considered in the light of the guildeliness regarding evidence of identification which were set out in the case of Turnbull v R [1976] 23 WLR 445 see also in Anjozi v Republic [1980] KLR…

…What is the quality of the identification evidence?…

…It is this evidence which has to be considered in the light of the guildeliness regarding evidence of identification which were set out in the case of Turnbull v R [1976] 23 WLR 445 see also in Anjozi v Republic [1980] KLR…

…Eight witnesses altogether gave evidence at the trial that they recognised the second appellant.…

…He cited the case of Cleophas Otieno Wamunga v Republic (Criminal Appeal No 20 of 1989)where this Court said: “ It is trite law that where the only evidence against a defendant is evidence of identification or recognition…

…The paucity of evidence on the mental element was, made up by what is clearly hearsay evidence.…

…Accordingly, the evidence narrated to the court about what the informant told the police was inadmissible as hearsay evidence and ought to have been rejected by the trial court. That evidence was not excluded.…

…The evidence adduced was collaborated in material aspects by the evidence of an independent witness who was found by the magistrate to be honest and the evidence could therefore not be impeached. 2.…

…Mr Gatonye did not give hearsay evidence.…

…The evidence against the appellant was overwhelming as he was identified by the purchaser and an eyewitness to the theft. 2.…

…Then there was the evidence of Francis Lihanda alias Cisco (PW 19) who bought this lorry from the appellant in Western Kenya (Kisumu and Kakamega).…

…In view of the sketchy evidence of the eyewitnesses and the sketch plan, which seemed consistent with either version, the evidence of the turnboys was of importance and the magistrate should have given opportunity for the…

…The absence of such evidence materially prejudiced the appellant. 2.…

…There was no expert evidence to show what speed was implied by the 44.50 meter skid marks. 3.…

…At the point of the accident the road is straight and the evidence is that the weather was good. Further evidence by the motor vehicle examiner suggested that the appellants’s matatu did not have any preaccident defect.…

…The Appellant did not challenge that evidence in his defence.…

…The Appellant's contention that the evidence of penetration required corroboration has been considered in light of section 124 of the Evidence Act, which permits a conviction for a sexual offence on the evidence of the complainant…

…Ground 2: Contradictory evidence not properly analyzed 40.…

…Ground 3: Electronic and digital evidence (CCTV) 42. The Appellant contended that the CCTV evidence was inadmissible as it contravened Section 78A of the Evidence Act Cap 80 Laws of Kenya.…

…In any case such evidence is not useful without cogent evidence of involvement of the devil.…

…The oral evidence was in consonance with all evidence on record. As regards Section 143 of the Evidence Act, it reassures that there is no number of witnesses required.…

…The evidence contradicts another piece of evidence when it says the opposite of what the other piece of evidence has stated, and not where there are mere discrepancies in details between them.…

…Two pieces of evidence contradict one another when they are inconsistent on material facts, while a discrepancy occurs where a piece of evidence stops short of or contains a little more than what the other piece of evidence…

…Usually, the sexual intercourse is proved by the victims own evidence and corroborated by the medical evidence or other evidence.…

…The question is whether the evidence leads to the proof of penetration. The evidence of PW1 and PW2 were consistent. The evidence was not shaken on cross-examination. The evidence was consistent.…

…The jurisdiction of the High Court to receive additional evidence on appeal is conferred by section 358(1) of the Criminal Procedure Code, which empowers the appellate court, where it considers additional evidence necessary…

…, to receive such evidence itself or direct that it be taken by a subordinate court. 6.…

…The Court is not bound merely to scrutinize the evidence to determine whether there was some evidence upon which the trial court could have reached its findings.…

…replace direct evidence.…

…by the evidence. 16.…

…evidence of a parent or guardian, medical evidence or other credible evidence.…

…the oral evidence of a victim of rape or by circumstantial evidence.”…

…It is urged that the Complainant’s evidence was not corroborated by direct evidence or other prosecution witness.…