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…Mr Muhia thereafter referred us to Section 25 and Section 28(b) of the Evidence Act and urges us to uphold his contention that the appellant’s confession could not, in law, be proved against him. 5.…

…That being the case, in the present case, on the basis of Section 28(b) of the Evidence Act, the material statements ought to have been excluded in the consideration whether or not the prosecution had proved the case against…

…As such they could not betaken as evidence against the other, even to the limited extent permitted by section 32 of the Evidence Act (cap 80).…

…Tibanyendela (1948) 15 EACA 111 it was held that extra judicial statements by co-accused which exculpate themselves and implicate one or more of their co-accused are not admissible in evidence under section 30 of the Indian Evidence…

…re-evaluate the entire evidence and find that there was no evidence to convict; by passing a conviction and sentence based on the doctrine of recent possession; by failing to observe the contraventions of section 163(c) of the Evidence…

…Act; by failing to comply with section 169 of the Criminal Procedure Code; by basing conviction and sentence on scanty and flawed prosecution evidence; by failing to observe contravention of section Article 50(1) of the…

…A statement made by an agent to a party to a proceeding in terms of section 18(1) of the Evidence Act (cap 80) would be an admission, to the satisfaction of a court.…

…In other words, did he have the necessary certificate required by the Firearm Act? The evidence shows that he did not.…

…But he referred us to section 175 of the Evidence Act (cap 80) and submitted that even if the hearsay evidence was excluded, there was enough circumstantial evidence to warrant the conviction of the appellants on the charge…

…In this respect I would refer to ss.13 and 51 of the Evidence Act which read: 13.…

…In proving such African customary law opinion evidence is admissible under s. 51 of the Evidence Act, 1963, and in accordance with s.60 (2) of that Act, it may also be proved by the production of a book or document." 30.…

…The attack against this finding is threefold: (1) that it contravenes section 100 of the Evidence Act (cap 80) (2)that Gathaya Mwangi did not corroborate Gitonga; (3)it was used by Kimunye Investments Company to try and save…

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

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

…well as the respondent and since the appellants had not consented to his (Mr Mwaura) disclosing their instructions to him, Mr Mwaura could not, therefore, testify and the appellants called in their aid section 134 of the Evidence…

…Act.…

…The statement was properly admitted at the trial under the provisions of section 33(a) of the Evidence Act (chapter 80) of the Laws of Kenya.…

…It is a fact in issue, or explains the Plaintiff’s possession, as an exception to Sec 46 of the Evidence Act (Cap 80).…