Search court decisions

….………..RESPONDENT JUDGMENT The sole question of law in this appeal is whether the decision of the judge to invoke section 166(1) and (2) of the Criminal Procedure Code is warranted on the evidence.…

…Mr Aminga urged that that particular evidence was within the province of the defence and that if the defence had had the opportunity to lead medical evidence, the defence would have demonstrated that there were no chances…

…His conviction depended upon two strands of evidence; first, the identification by the sole evidence of the complainant, and secondly the appellant’s possession of a stolen car two days after the incident in the area of Nairobi…

…Whether that is possible, depends upon clear evidence of identification apart from the parade.…

…There is therefore absolutely no evidence or prima facie evidence linking the 2nd accused to the death of the deceased. In the circumstances he cannot be called upon to defend himself.…

…All the police officers who testified in this trial did not confirm the evidence that they were given the description of the attackers.…

…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.…

…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.…

…In fact even where one accused gives evidence on oath such evidence must be regarded with extreme caution when it is to be used against a co-accused.…

…Nevertheless, the evidence against the appellant was overwhelming and when the second accused’s evidence is disregarded he still was correctly convicted on the evidence of recent possession of recently stolen properties and…

…On the issue of identification which is the real question for decision in this appeal, the evidence discloses that PW 1 was the only identifying witness as regards the first appellant Marie.…

…The trial court disregarded the evidence of identification.…

…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…

…It cast doubt on the identification evidence against him. Hence, the case against him was not proved beyond reasonable doubt.…

…His evidence – in – chief having thus not been tested, cannot fairly be taken against the appellant.…

…His evidence would have to be carefully scrutinized. He said he was outside, he called it the Murangi Town Hotel bar, at 5.00 am on the 10th/11th.…

…No rule of natural justice, no rule of statutory protection, no rule of evidence, and no rule of common sense is to be sacrificed, violated or abandoned when it comes to protecting the liberty of the subject.…

…They stated that there was no sufficient evidence to warrant their conviction for robbery with violence.…

…The evidence of PW1 was corroborated by that of PW2 and PW3. There was also the evidence of PW5 even though the P3 Form was filled several days after PW1 was assaulted.…

…We are inclined to agree with Mr Otumba’s comments regarding the handwriting evidence.…

…However we are unable to agree with him that there was no evidence supporting that of the complainant.…

…All three appellants and their co-accused gave unsworn evidence which corresponded.…

…Secondly, the evidence of the 1st witness, Wilson Ndeda, appears to have no relation to the offence with which the appellants are charged save to prejudice the mind of the court.…

…The learned state counsel Miss Ndirangu concedes that the appeal should not have been summarily rejected and she further drew our attention to there being no evidence of an expert witness in relation to the count on forgery…

…Section 352(2) aforesaid provides: "(2) where an appeal is brought on the ground that the conviction is against the weight of the evidence, or that the sentence is excessive, and it appears to a judge that the evidence is…

…The appellant was represented in the lower court and made no effort to call medical evidence.…

…This statement was not tendered in evidence in the instant case and the learned magistrate had no right to consider it.…

…It was apparently being contended that the appellant sold the item he took from PW.1, but there was no evidence from anyone that the appellant had sold any such thing to him.…

…The person owning the workshop from which PW.4 recovered the item was not called in Court to give evidence as to the circumstances under which the appellant had delivered the shaving machine arm to his workshop. As Mr.…

…The evidence which was accepted by the trial court was that the appellant attacked the complainant as he was walking home with his girlfriend shortly after midnight.…

…We have, like the trial and first appellate courts, analysed the evidence and are satisfied that the conditions in which the appellant was identified were most favourable and quite free from the possibility of error.…

…The evidence fully justified the conviction recorded against the appellant. He was convicted on sound evidence and his appeal against conviction must fail.…

…The rest is not applicable as there is no evidence that the knife was adapted for use in committing a burglary, theft or cheating. These men were not at their place of abode. They had the knife between them.…

…He has pointed out carefully some discrepancies in their evidence. What he says is quite true, and was not clearly referred to in the judgment of the lower courts.…