Search court decisions

…There was very little evidence to show that Agustus had that money and where he had kept it. The only real evidence against the appellant was an allegation by PC.…

…PW.2 being a police constable could not take any confession from the appellant and his evidence ought to have been ignored.…

…The main ground of objection raised on his behalf in this appeal was that if the evidence in the case was properly assessed, there was no evidence at all to support the conviction.…

…is evidence on record capable of being taken into consideration to sustain the charge.…

…What is the quality of the identification evidence?…

…It is this evidence which has to be considered in the light of the guildeliness regarding evidence of identification which were set out in the case of Turnbull v R [1976] 23 WLR 445 see also in Anjozi v Republic [1980] KLR…

…Eight witnesses altogether gave evidence at the trial that they recognised the second appellant.…

…He cited the case of Cleophas Otieno Wamunga v Republic (Criminal Appeal No 20 of 1989)where this Court said: “ It is trite law that where the only evidence against a defendant is evidence of identification or recognition…

…The paucity of evidence on the mental element was, made up by what is clearly hearsay evidence.…

…Accordingly, the evidence narrated to the court about what the informant told the police was inadmissible as hearsay evidence and ought to have been rejected by the trial court. That evidence was not excluded.…

…The evidence adduced was collaborated in material aspects by the evidence of an independent witness who was found by the magistrate to be honest and the evidence could therefore not be impeached. 2.…

…Mr Gatonye did not give hearsay evidence.…

…The evidence against the appellant was overwhelming as he was identified by the purchaser and an eyewitness to the theft. 2.…

…Then there was the evidence of Francis Lihanda alias Cisco (PW 19) who bought this lorry from the appellant in Western Kenya (Kisumu and Kakamega).…

…In view of the sketchy evidence of the eyewitnesses and the sketch plan, which seemed consistent with either version, the evidence of the turnboys was of importance and the magistrate should have given opportunity for the…

…The absence of such evidence materially prejudiced the appellant. 2.…

…There was no expert evidence to show what speed was implied by the 44.50 meter skid marks. 3.…

…At the point of the accident the road is straight and the evidence is that the weather was good. Further evidence by the motor vehicle examiner suggested that the appellants’s matatu did not have any preaccident defect.…

…Case No 496 of 1990 of the Resident Magistrate’s Court at Mombasa, G M Njuguna, Esq, RM) RULING A witness by the name S Pandya was summoned to appear before Resident Magistrate in the above Criminal Case on 14/8/90 to give evidence…

…Secondly on evidence she attacked the admission of copies of receipts, and reliance on PW.2's evidence because he was to her, as a suspect but I must state straight away that there is no such evidential status under the evidence…

…Miss Njeru's reference to a suspect's evidence cannot be taken to affect evidence.…

…Secondly on evidence she attacked the admission of copies of receipts, and reliance on PW.2's evidence because he was to her, as a suspect but I must state straight away that there is no such evidential status under the evidence…

…Miss Njeru's reference to a suspect's evidence cannot be taken to affect evidence.…

…The main ground in this appeal is on the confession statement which was retracted and repudiated and the corroborative evidence to make it admissible in evidence.…

…The link in the evidence leading to the blood-stain is missing and to rely on the bloodstain as corroborative evidence which evidence was not shown to have proved the guilt of the appellant would be unsafe.…

…Where the only evidence against a defendant is evidence of identification or recognition, a trial court is enjoined to examine such evidence carefully and to be satisfied that the circumstances of identification were favourable…

…Evidence of visual identification in criminal cases can bring about miscarriage of justice and it is of vital importance that such evidence is examined carefully to minimize this danger.…

…that evidence.…

…statements and evidence.…

…If those pieces of evidence were taken away, Mr Prinja said, the rest of the evidence did not take the case any further.…

…In response to this evidence, the appellant made an unsworn statement.…

…As such they could not betaken as evidence against the other, even to the limited extent permitted by section 32 of the Evidence Act (cap 80).…

…30 of the Indian Evidence Act (now section 32 of cap 80).…

…There is no other evidence, direct or circumstancial, to corroborate the evidence of the complainant.…

…evidence can be safely accepted as true and free from the possibility of error.…

…The appellant’s contention in this appeal is on the grounds that the two courts below erred in law in not treating Mr Barlow’s evidence as that of an accomplice; the evidence of Samson Onyango (PW 2) was not impartial as…

…of PW 1 has been strongly corroborated by the evidence of PW 3, PW 5 and PW 7”.…