Judgment[1987] KEHC 79
Case law
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Division and case type: CriminalCriminal Appeal
…Moreover, the necessity of material corroboration of the evidence of child of tender years is not only emphasized in these cases but is a sine qua non under section 124 of the Evidence Act (cap 80) to conviction of a person…
…The said section 124 reads as follows: “Notwithstanding the provisions of section 19 of the Oaths and Statutory Declaration Act, where evidence of a child of tender years is admitted in accordance with that section on behalf…
Division and case type: CriminalCriminal Appeal
…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).…
…Tibanyendela (1948) 15 EACA 111 it was held that extra judicial statements by co-accused which exculpate themselves and implicate one or more of their co-accused are not admissible in evidence under section 30 of the Indian Evidence…
Division and case type: CivilCivil Appeal
…No doubt, this pleading aimed at reliance on section 47A of the Evidence Act (cap 80); but the theft by Moses Aila is not denied as such by the second respondent.…
…The plaintiff alleged that Moses Aila an employee of the second defendant stole the plaintiff’s goods (and his conviction would be conclusive proof under section 47A of the Evidence Act (cap 80)), and that this theft occurred…
Division and case type: CriminalCriminal Appeal
…The attack against this finding is threefold: (1) that it contravenes section 100 of the Evidence Act (cap 80) (2)that Gathaya Mwangi did not corroborate Gitonga; (3)it was used by Kimunye Investments Company to try and save…