Case law
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Division and case type: CriminalCriminal Appeal
…The appellant’s Memorandum of Appeal does not limit itself to those two grounds, namely that the conviction is against the weight of the evidence or that the sentence is excessive.…
…advocate, Mr Owuor, submitted one witness was an accomplice for which that Court of Appeal could find no evidence to support that submission.…
Division and case type: CriminalCriminal Appeal
…As regards the evidence in support of the prosecution case the court below relied on the identification of the appellant by both PW 1 and PW 2.…
…The learned trial magistrate considered all the evidence before him and including the appellant’s defence and was satisfied on the basis of that evidence that it was the appellant who snatched the complainant’s property.…
Division and case type: CriminalCriminal Appeal
…As regards the evidence in support of the prosecution case the court below relied on the identification of the appellant by both PW 1 and PW 2.…
…The learned trial magistrate considered all the evidence before him and including the appellant’s defence and was satisfied on the basis of that evidence that it was the appellant who snatched the complainant’s property.…
Division and case type: CriminalCriminal Appeal
…evidence was imsy, and burden of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a…
…The respondent led straightforward evidence from the victim, and medical evidence from the clinician, which established prima facie, the 2 oences charged.…
Division and case type: CriminalCriminal Appeal
…Replying to grounds 2 and 3 Miss Ngugi did not dispute that the conviction was based on circumstantial evidence.…
…For a reason which will emerge later we do not propose to enter upon a detailed discussion of the evidence.…
Division and case type: CriminalCase number Criminal Application
…That new matter in this case relates to fits suffered by the applicant as explained by medical evidence presented in the application . 3.…
…That new matter in this case relates to fits suffered by the applicant as explained by the medical evidence presented in the application.…
Division and case type: CriminalCriminal Appeal
…Secondly, it is desirable that the court admits only evidence which is admissible in law, and what is admissible in a substantive offence and in a conspiracy may cause confusion.…
…The reason is that it renders admissible evidence of what one prisoner says in the absence of the others, because if they are all conspirators what one of them says in furtherance of the conspiracy could be admissible evidence…
Division and case type: CriminalCriminal Appeal
…On the contrary, we think they are fully justified by the evidence. We think therefore that there is no merit in this appeal. It ought to be and is accordingly dismissed.…
Division and case type: CriminalCriminal Appeal
…Even upto today before me, there has not been evidence to show who the owner of that maize is and it will not be proper for me to work on assumption as to that ownership for the purpose of ordering release of that maize to…