Case law
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Division and case type: CriminalCriminal Appeal
…Evidence Act (cap 80) section 124 January 17, 1991, Wambilyangah Ag J delivered the following Judgment.…
…that the girl in question was only 13 years, (see the P3 form) and where her obvious appearance or physical stature warranted the learned magistrate to treat her as a child of tender years as required by section 124 of the Evidence…
Division and case type: CriminalCriminal Appeal
…Act that qualifies treatment of a suspect.…
…Our S.141 of Evidence Act says:- "An accomplice shall be a competent witness against an accused person and a conviction shall not be illegal merely because it proceeds upon the uncorroborated evidence of an accomplice", So…
Division and case type: CriminalCriminal Appeal
…Act that qualifies treatment of a suspect.…
…Our S.141 of Evidence Act says:- "An accomplice shall be a competent witness against an accused person and a conviction shall not be illegal merely because it proceeds upon the uncorroborated evidence of an accomplice", So…
Division and case type: CivilCivil Suit
…Where a document contains an admission there is provision under Section 23 of the Evidence Act Cap 80 which states: “In all civil cases no admission may be approved if it is made either upon an express condition that evidence…
…I cannot say in the circumstances of the case that there was protection under Section 23 of the Evidence Act. The letter was written in response to a demand notice before action for a specied amount money.…
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: Milimani Commercial CourtsCivil Case
…Section 176 of the Evidence Act provides:- “Subject to this Chapter a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters transaction and…
Division and case type: CivilCivil Suit
…Mr Mburu’s second argument was that the doctrine has no legal sanction particularly in the Evidence Act, Cap 80 Laws of Kenya. Mr Mburu’s attention must have escaped the provisions of S 23 of the Act.…
Division and case type: CriminalCriminal Appeal
…This is not only logical and circumstantially necessary but would also lay the foundation required to have the report sensibly produced under section 77 of the Evidence Act as it would finally turn out.…
…This court has therefore to assume in favour of the prosecution that it was so produced under section 77 of the Evidence Act. But as I said in answer to a similar issue in Mombasa HCCR.A.…
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.…
Division and case type: CivilCivil Suit
…In order to prove that a theft had occurred, all the Plaintiffrequired to do is to produce the lower court file under section 34 of the Evidence Act.…
Division and case type: CriminalCriminal Appeal
…Cap 15 and S.124 of Evidence Act deal withChildren's evidence under our statute law.…
Division and case type: CriminalCriminal Appeal
…It is a presumption of fact arising under section 119 of the Evidence Act, Cap 80 Laws of Kenya which provides: “The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to…
Division and case type: Constitutional and Human RightsJudicial Review
…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…
Division and case type: CivilCivil Appeal
…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…