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
…The prosecution called evidence to show that a handwritten document which was exhibited may have been forged. A copy of the document was in the possession of the appellant.…
…No clear evidence was adduced to show that she either made the document or was party to its making.…
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
…The evidence of the search and finding of the drugs was given by three Administration Policemen (APC Edward Kiengo (P.W.1), APC Peter Kahome (P.W.2) and APC Kilei Mbogo (P.W.4).…
…There is no evidence sufficient to raise any presumption of possession against the appellants.” This is a judgment of this Court and we are bound as usual to accord it utmost respect.…
Division and case type: CriminalCriminal Appeal
…On their first appeal to the superior court, that court held that sufficient evidence had been tendered at their trial but purporting to follow the decision of this Court in Johana Ndungu v. Republic, Cr. A.…
…It was on the basis of this evidence that the appellants were convicted by the trial court as is outlined at the beginning of this judgment.…
Division and case type: CriminalCriminal Appeal
…On their first appeal to the superior court, that court held that sufficient evidence had been tendered at their trial but purporting to follow the decision of this Court in Johana Ndungu v. Republic, Cr. A.…
…It was on the basis of this evidence that the appellants were convicted by the trial court as is outlined at the beginning of this judgment.…
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.…