Case law
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Division and case type: CriminalCriminal Appeal
…The second accused’s statement was not a confession nor was it evidence on oath which could be tested by cross-examination.…
Division and case type: CriminalCriminal Appeal
…The evidence of the ballistics expert as to his conclusions does not appear to have been seriously challenged in cross-examination.…
…As a recorded police statement, not made on oath, not subject to the test of cross examination, exhibit 122 could not take the place of sworn testimony.…
Division and case type: CriminalCriminal Appeal
…He further added that PW5 in his evidence had said during cross examination that he (PW5) almost fought with the third accused when he threatened to take the complainant’s cattle by force and further that it was second accused…
Division and case type: CriminalCriminal Appeal
…Then she made significant observations during her cross examination by the appellants to the 1st accused (1st appellant) she said.…
Division and case type: CriminalCriminal Case
…But under pressure of cross examination by Mr Olago-Aluoch, Charles said that the second accused used “Powoo” once on the deceased and that was at the stage when they were on the way from Ayub’ s house to William’s house.…
…Under further pressure of cross examination by Mr Wasilwa, the witness started speaking as if “Powoo” was even used in William’s house.…
Division and case type: CriminalCriminal Appeal
…been shot at by some unknown persons and that they had later come upon a group of people among whom were James, Vincent, Nicholas and Peter who were preparing to burn houses of Tesos because as he said rather lamely, in cross…
…examination, "they were many in a house".…
Division and case type: CriminalCriminal Appeal
…Cpl Joel Mutokaa (PW5) who arrested the appellant herein confirmed to the Court during cross-examination that the offences for which the appellant had initially arrested the complainant and others “were never investigated…
Division and case type: CriminalCriminal Appeal
…Gacheche went on to describe particulars of their books and answered in cross examination to Mr. Mungata (for the 1st accused who was acquitted) that: “I am a publisher. I am the Managing Director of Phoenix Publishers.…
Division and case type: CriminalCriminal Appeal
…The excuse he gave during cross-examination at the trial was that the police did not ask him if he could recognise anybody. He also confesses that he could not see the faces of the attackers.…
Division and case type: CriminalCriminal Appeal
…Neither witness was successfully challenged in cross-examination and we think that both the magistrate and the judge were entitled, and indeed right, to find on the complainant’s evidence, as so supported, that Kshs 105,000…
Division and case type: CriminalCriminal Appeal
…In the rst place an unsworn statement amounts to no evidence, given that such evidence cannot be tested by way of cross-examination.…
Division and case type: CriminalCriminal Appeal
…In the rst place an unsworn statement amounts to no evidence, given that such evidence cannot be tested by way of cross-examination.…
Division and case type: CriminalCriminal Appeal
…In the rst place an unsworn statement amounts to no evidence, given that such evidence cannot be tested by way of cross-examination.…
Division and case type: CriminalCriminal Case
…In the rst place an unsworn statement amounts to no evidence, given that such evidence cannot be tested by way of cross-examination.…
Division and case type: CriminalCriminal Appeal
…In his summing up the learned judge told them that the appellant made an unsworn statement which could not be tested by cross examination.…
Division and case type: CriminalCriminal Case
…In his summing up the learned judge told them that the appellant made an unsworn statement which could not be tested by cross examination.…
Division and case type: CriminalCase number Criminal Application
…Dr Khaminwa for the applicant took the view that it would not be necessary to call the doctors for cross-examination. Indeed Dr Khaminwa put this application on a somewhat different footing to the normal.…
Division and case type: CriminalCriminal Appeal
…In her cross examination she did say that she had delivered 2.9 million gunny bags to the Board, but considered in its proper context, it meant no more than this that the appellant on 6th and 7th February 1987, took Jennifer…
Division and case type: CriminalCriminal Appeal
…And under cross examination at page 6: “The sachets were wrapped in cigarette foil. We took samples of each sachet to the Government Chemist for examination ........”…
Division and case type: CriminalCriminal Case
…It may be noted that Insp Kariuki who discovered the body at the scene and later collected grass sample at the scene at conceded in his cross-examination that such similar grass grows in extensive area in Embakasi and other…