Search court decisions

…Production of additional evidence in appellate court (1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the court to which the appeal is preferred; but if— a…

…E394/2021 as additional evidence in this appeal. 4.…

…adduced in the trial in Makindu SPMCC no. 86 of 2020, disregarding the evidence of probative value and relied on evidence of little or no probative value , failing to consider the totality of the evidence and proceedings…

…The evidence tendered by the Respondent in the lower court is not direct evidence.…

…There is otherwise no inconsistencies or discrepancies in the prosecution’s evidence. The prosecution’s evidence was clear and consistent.” 20.…

…of section 124 of the evidence act”, The import of that provision is that ideally, the evidence of a child of tender years in criminal proceedings should always be corroborated.…

…He added that the proviso to section 124 of the evidence Act and medical evidence must be borne in mind as well as section 143 of the Evidence Act.…

…Relying on section 62(2) of the Evidence Act he urged that oral evidence must in all cases be direct evidence. He submitted that the prosecution evidence failed this test.…

…That the learned trial magistrate erred in law and fact by not applying section 124 of the Evidence Act and maintaining the evidence by prosecution witnesses which was uncorroborated.…

…He relied on the case of DPP –vs- Kilbourne (1973) where Lord Simons defined corroboration to mean; ‘evidence which renders other evidence probable’.…

…He submitted that the evidence of a minor required corroboration and relied on Benard Kebiba –vs- R (2017) eKLR where the court stated; “The importance of section 124 of the Evidence Act is that ideally, the evidence of a…

…evidence of the fact that the assertion was made.…

…A mere scintilla of evidence can never be enough: nor can any amount of worthless discredited evidence…It may not be easy to define what is meant by a “prima facie case”, but at least it must mean one on which a reasonable…

…The evidence is as I have set out herein above. and even if the accused was to offer no explanation this evidence would not sustain a conviction. Suspicion however strong cannot found a conviction.…

…The evidence of penetration was therefore adequate. 34.…

…On the contrary, my re-evaluation of the evidence shows that it was consistent and the witnesses were truthful. Their evidence was not shaken even on cross-examination.…

…The person who allegedly told him the story never testified in this case hence his evidence can only be hearsay evidence which cannot be relied upon to support a conviction. 24.…

…Section 62 & 63 of the Evidence Act provided for what is admissible in oral evidence; 62. Oral evidence. facts, except the contents of documents, may be proved by oral evidence. 63.…

…Section 306 of the Criminal Procedure Code provides: Close of case for prosecution (1) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidence that the…

…or make an unsworn statement, or to adduce evidence, then the advocate for the prosecution may sum up the case against the accused person; but if the accused person says that he intends to give evidence or make an unsworn…

…He contended that her evidence is not to be trusted.…

…The medical evidence by PW1 merely corroborated the fact that PW2 was defiled, and even if it was to be excluded under section 50 of the Evidence Act…the proviso to section 124 of the Evidence Act provides that no corroboration…

…Section 306 of the Criminal Procedure Code provides: Close of case for prosecution (1) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidence that the…

…or make an unsworn statement, or to adduce evidence, then the advocate for the prosecution may sum up the case against the accused person; but if the accused person says that he intends to give evidence or make an unsworn…

…Section 306 of the Criminal Procedure Code provides: Close of case for prosecution (1) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidence that the…

…or make an unsworn statement, or to adduce evidence, then the advocate for the prosecution may sum up the case against the accused person; but if the accused person says that he intends to give evidence or make an unsworn…

…evidence may be inconsistent.…

…Where the evidence called is barely adequate, the Court may infer that the evidence of uncalled witness would have tended to be adverse to the prosecution.” 51.…

…The vehicle which the investigators examined did not have any number plates as evidenced by the images and evidence of DW2. c.…

…Expert evidence should be tested against known facts, as it is the primary factual evidence which is of the greatest importance.…

…For the respondents it is submitted that their evidence is supported by the evidence of the police officer that indeed the appellant veered off his lane into the lane of the motor cycle. 41.…

…I have looked at the evidence of the police officer (PW2): 42. There is no evidence on record that indeed this or any other officer visited the scene. He was not the investigating officer.…

…or pleads must support the same by way of evidence. 9.…

…Further, if there is no rebuttal of evidence by a party, that evidence remains uncontroverted.…

…She relied on her statement dated 23/9/2022 which she adopted as her evidence.…

…It is upon a party seeking to rely on documentary evidence to demonstrate to the court how that documentary evidence supports its case.…

…That his clients would be prejudiced that they conducted pre-trial with the evidence that was supplied to them. That it was unfair and prejudicial for the prosecution not to disclose all its evidence before trial.…

…to have reasonable access to that evidence; (k) to adduce and challenge evidence; ,” 3.…

…or the defence may desire to submit, record a finding of not guilty. (2)When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is evidence that the accused person…

…or make an unsworn statement, or to adduce evidence, then the advocate for the prosecution may sum up the case against the accused person; but if the accused person says that he intends to give evidence or make an unsworn…