Judgment[1984] KECA 4
Case law
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Division and case type: CriminalCriminal Appeal
…in the Kenya Evidence Act have supplanted the previous law on the subject.…
…The first one is (1 KAR 540 at 549): ‘But section 30 of the Indian Evidence Act which corresponds now to section 32(1) of the Evidence Act, Cap 80) merely says that a confession by a co-accused may be “taken into consideration…
Division and case type: CriminalCriminal Appeal
…two limbs of Stella’s evidence, namely her alleged recognition of the voice of the appellant and the statement of the deceased which, to have been admissible, would have to fall within the ambit of section 33(a) of the Evidence…
…Act (cap 80) as a dying declaration.…
Division and case type: CivilCivil Case
…It is true that in certain circumstances evidence of surrounding circumstances may be admissible in order to interpret a document (see section 29 proviso (6) of the Evidence Act) but in no case is evidence of prior negotiations…
Division and case type: Milimani Commercial CourtsCivil Case
…Whether or not she was married according to customary law to Kituu was a matter which was especially within their knowledge so under sections 107, 108 and 112 of the Evidence Act (cap 80) the burden of proving the facts which…
Division and case type: CriminalCriminal Appeal
…But it has long been held in England itself that the admissibility of a confession, which in Kenya is governed by section 26 of the Evidence Act, (cap 80) is a matter for the judge alone as is shown by the following passage…