Search court decisions

…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…

…Mr Muhia thereafter referred us to Section 25 and Section 28(b) of the Evidence Act and urges us to uphold his contention that the appellant’s confession could not, in law, be proved against him. 5.…

…That being the case, in the present case, on the basis of Section 28(b) of the Evidence Act, the material statements ought to have been excluded in the consideration whether or not the prosecution had proved the case against…

…Mr Muhia thereafter referred us to Section 25 and Section 28(b) of the Evidence Act and urges us to uphold his contention that the appellant’s confession could not, in law, be proved against him. 5.…

…That being the case, in the present case, on the basis of Section 28(b) of the Evidence Act, the material statements ought to have been excluded in the consideration whether or not the prosecution had proved the case against…

…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…

…Nor was it permissible under section 57(1) of the Evidence Act (cap 80) to give evidence that the appellant had been convicted of the theft of the car. It proved nothing and was highly prejudicial.…

…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…

…In order to prove that a theft had occurred, all the Plaintiffrequired to do is to produce the lower court file under section 34 of the Evidence Act.…

…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.…

…In other words, did he have the necessary certificate required by the Firearm Act? The evidence shows that he did not.…

…But he referred us to section 175 of the Evidence Act (cap 80) and submitted that even if the hearsay evidence was excluded, there was enough circumstantial evidence to warrant the conviction of the appellants on the charge…

…The Evidence Act (section 124, cap 80).…

…The Evidence Act (section 124, cap 80).…

…Section 107 of the Evidence Act Cap 80, Law of Kenya provides as follows: “Burden of Proof “107 (1) Whoever desires any court to give judgment as to any legal or liability dependent on the existence of facts which he asserts…

…well as the respondent and since the appellants had not consented to his (Mr Mwaura) disclosing their instructions to him, Mr Mwaura could not, therefore, testify and the appellants called in their aid section 134 of the Evidence…

…Act.…

…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…

…The statement was properly admitted at the trial under the provisions of section 33(a) of the Evidence Act (chapter 80) of the Laws of Kenya.…

…the court under section 19 of the Oaths and Statutory Declarations Act, CAP 15, because he does not understand the nature of an oath, then that evidence requires corroboration as a matter of law by virtue of s.124 of the Evidence…

…Act Chapter 80.…

…It is a fact in issue, or explains the Plaintiff’s possession, as an exception to Sec 46 of the Evidence Act (Cap 80).…

…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…