Case law
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Division and case type: CriminalCriminal Appeal
…Evidence under Section 124 of the Evidence Act does not require corroboration. The prosecution does have discretion of who to call as a witness.…
…It was further submitted that under Section 77 of the Evidence Act, any person who qualifies as a medical doctor or clinical officer can produce a P3 form as well as a post rape care form on behalf of another expert unless…
Division and case type: CriminalCriminal Appeal
…re-evaluate the entire evidence and find that there was no evidence to convict; by passing a conviction and sentence based on the doctrine of recent possession; by failing to observe the contraventions of section 163(c) of the Evidence…
…Act; by failing to comply with section 169 of the Criminal Procedure Code; by basing conviction and sentence on scanty and flawed prosecution evidence; by failing to observe contravention of section Article 50(1) of the…
Division and case type: CivilCivil Appeal
…In the circumstances an order of specific performance could not be issued. 16.Although the parties did not refer to it I am entitled, pursuant to section 60(1)(a) of the Evidence Act (Chapter 80 of the Laws of Kenya), to…
Division and case type: CriminalCriminal Case
…In the circumstances an order of specific performance could not be issued. 16.Although the parties did not refer to it I am entitled, pursuant to section 60(1)(a) of the Evidence Act (Chapter 80 of the Laws of Kenya), to…