Judgment[2024] KECA 1896
Case law
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Division and case type: CriminalCase number Criminal Application
…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…
Division and case type: CivilCivil Case
…It is regretted that due to the lapse of time and misapprehension of the effect of S.47 of the Evidence Act, which necessitated an appeal and the failure of the court of appeal to deal with the matter on the basis of the…
…proceedings of the lower court which were produced by the consent of the parties under S.61 of the Evidence Act as the parties had agreed to rely thereon during the proceedings, the parties herein have been seriously handicapped…
Division and case type: CivilCivil Case
…It is regretted that due to the lapse of time and misapprehension of the effect of S.47 of the Evidence Act, which necessitated an appeal and the failure of the court of appeal to deal with the matter on the basis of the…
…proceedings of the lower court which were produced by the consent of the parties under S.61 of the Evidence Act as the parties had agreed to rely thereon during the proceedings, the parties herein have been seriously handicapped…
Division and case type: CriminalCriminal Appeal
…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.…