Case law
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Division and case type: CRIMINAL DIVISIONCriminal Appeal
…As regards Henry (PW 3) Mr Osoro argued that this witness escaped from inside his hut at night and in circumstances which were adequate for recognition of voices and that the report of the witness to Onyando (PW 5) and to…
…In our judgment, the unwillingness, or failure on the part of Abigail to report to Nyambane is understandable and does not in the slightest affect her evidence of identification by recognition, the central pillar of this…
Division and case type: CriminalCriminal Appeal
…We do not know the time these events took place and whether the circumstances for identification or recognition, whichever it was, were favourable for positive identification.…
Division and case type: CriminalCriminal Appeal
…Supporting the decisions of the two lower courts, Mrs Njogu, counsel for the respondent, argued that the case against the appellant was more of recognition than identification of a stranger.…
Division and case type: CriminalCriminal Appeal
…The evidence of PW1 against the appellant was that of a person he knew hence it was one of recognition rather than identification. And this was the evidence upon which the conviction of the appellant was based.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CivilCivil Appeal
…leading authority on the ‘deadlock’ case, and, referring to the other authorities he cited as a ‘sound and rational development in the law which should be endorsed’, he continued: ‘The words “meaning just and equitable” are a recognition…
…of the fact that a limited company is more than a mere legal entity, with a personality in law of its own: that there is room in company law for recognition of the fact that behind it, or amongst it, there are individuals…
Division and case type: CivilCivil Appeal
…Once the authority of the advocate attains recognition, that is after rule 9 has been complied with, one will observe that the advocate is not allowed to do acts on behalf of the petitioner.…
…Recognition of an agent, not necessarily an advocate, to so act is specically provided in this non-mandatory rule. 74.…