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…That is obviously correct, but we would go further and point out, as Mr Mbuthia also pointed out to us, that even the medical evidence brought by the prosecution did not support their general theory that Tabitha died from…

…The next day she was found by her mother to have been sexually interfered with as her mother thought, and this was confirmed by the medical evidence. Penetration of some sort was proved by the rupture of the hymen.…

…There was no direct medical or analytical evidence connecting the appellant with the defilement of the complainant.…

…Turning to the challenge that the cause of death was not properly established and that the ingredients of the offence of murder were not present, after evaluating the medical evidence as reflected in the postmortem report…

…In a judgement which ran into twenty pages of typescript and which is difficult to fault, the learned Judge summarised the 1st respondent’s injuries and related the medical evidence and the prognosis of the 1st respondent…

…He was not prepared to question the medical evidence as to the extent and severity of the 1st respondent’s injuries nor the rather dismal prognosis made by the doctors.…

…Some support for these claims is to be found in medical evidence.…

…As we have observed, he was not so meticulous regarding the necessity of calling medical evidence on all those trials within trials.…

…There may be cases where medical evidence may be misleading enough to enable one judge to grant such leave but when correct medical data may be brought forward by the defendant, the picture may drastically change.…