Case law
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Division and case type: CriminalCriminal Appeal
…Also that the Trial Magistrate erred in relying on the evidence of PW 2, PW3 and PW4 and that the defendant evidence was disregarded. Finally that the sentence is harsh and excessive.…
…The evidence as to what happened at the scene is given by PW1, David Otieno. He said he was at the Mombasa Beach with his friend Magdaline Gakii. This lady was not called to give evidence at all.…
Division and case type: CriminalCase number Criminal Application
…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.…
Division and case type: CRIMINAL DIVISIONMiscellaneous Criminal Application
…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.…
Division and case type: CRIMINAL DIVISIONCriminal Case
…In his petition of appeal the main grounds of complaint are that the learned trial magistrate disregarded his defence; that she convicted him on the basis of conflicting prosecution evidence; that the police officer who arrested…
…The issue which Mr Harwood grappled with before us is whether or not the trial magistrate’s findings, that the appellant obtained the money by false pretences was supported by evidence adduced before her.…
Division and case type: CriminalCriminal Appeal
…During the trial in the court below, there was evidence which the learned trial magistrate was entitled to and which said evidence the believed which showed that the applicant had left his motor vehicle in a stationery manner…
Division and case type: CivilCivil Suit
…that there has been a dispute among the officers or members of a group so that he is not satisfied as to who are the officers of the group, the Registrar may in writing require the officers of the group to produce to him evidence…
…appointment of officers of the group; or (b) the institution of proceedings for the settlement of the dispute and for a declaration as to who are the officers of the group, and where he does so the officers shall provide evidence…
Division and case type: CivilMiscellaneous Application
…Further that because the case was prematurely determined at interlocutory stage, the orders sought should be granted to him so that he can adduce evidence in support of his case.…
…The applicant did not however annex evidence of such support. That the rest of the children fall outside the definition of “child” under the Children’s Act.…
Division and case type: Constitutional and Human RightsPetition
…Further that because the case was prematurely determined at interlocutory stage, the orders sought should be granted to him so that he can adduce evidence in support of his case.…
…The applicant did not however annex evidence of such support. That the rest of the children fall outside the definition of “child” under the Children’s Act.…
Division and case type: COMMERCIAL DIVISIONCivil Suit
…Order 50 Rule 7 requires an applicant by summons to state in general terms the grounds of the application and where the summons is based on evidence by affidavit a copy of that affidavit is to be served.…