Search court decisions

…Reference was made to the three dates ie September 25, 26, and 27, 1976 whose evidence the judge bore in mind and which was not challenged by the plaintiff in his evidence.…

…The judge referred to the defendant’s evidence that the plaintiff stole from the defendant on September 18, 1976 and held that the evidence was not strictly admissible and added, “the court, therefore, disregards all evidence…

…If those pieces of evidence were taken away, Mr Prinja said, the rest of the evidence did not take the case any further.…

…In response to this evidence, the appellant made an unsworn statement.…

…There is no other evidence, direct or circumstancial, to corroborate the evidence of the complainant.…

…evidence can be safely accepted as true and free from the possibility of error.…

…There was no evidence that the counting was in James’ presence.…

…There was evidence that the lavatory was near a common path to and from the house of Philip.…

…Evidence is not to be pleaded.…

…The previous driver who had the car since morning is unknown and as such did not give evidence. The evidence of the plaintiff has been corroborated by the two defence witness.…

…His conviction depended upon two strands of evidence; first, the identification by the sole evidence of the complainant, and secondly the appellant’s possession of a stolen car two days after the incident in the area of Nairobi…

…Whether that is possible, depends upon clear evidence of identification apart from the parade.…

…In fact even where one accused gives evidence on oath such evidence must be regarded with extreme caution when it is to be used against a co-accused.…

…Nevertheless, the evidence against the appellant was overwhelming and when the second accused’s evidence is disregarded he still was correctly convicted on the evidence of recent possession of recently stolen properties and…

…On the issue of identification which is the real question for decision in this appeal, the evidence discloses that PW 1 was the only identifying witness as regards the first appellant Marie.…

…The trial court disregarded the evidence of identification.…

…Secondly, it is desirable that the court admits only evidence which is admissible in law, and what is admissible in a substantive offence and in a conspiracy may cause confusion.…

…The reason is that it renders admissible evidence of what one prisoner says in the absence of the others, because if they are all conspirators what one of them says in furtherance of the conspiracy could be admissible evidence…

…Of course apart from the evidence of the respondent, there were also the four medical reports to which we have already referred.…

…It is, however, not suggested in evidence that Dr Kokonya had no basis for starting the respondent on the drugs in the first place.…

…It cast doubt on the identification evidence against him. Hence, the case against him was not proved beyond reasonable doubt.…

…His evidence – in – chief having thus not been tested, cannot fairly be taken against the appellant.…

…He made no further mention of any alibi in his evidence. Halima was called to testify for the prosecution. She was declared a hostile witness.…

…John Maina however did not say in his evidence that the appellant spoke these words “toka inje”- when the robbery was committed.…

…The evidence of the search and finding of the drugs was given by three Administration Policemen (APC Edward Kiengo (P.W.1), APC Peter Kahome (P.W.2) and APC Kilei Mbogo (P.W.4).…

…There is no evidence sufficient to raise any presumption of possession against the appellants.” This is a judgment of this Court and we are bound as usual to accord it utmost respect.…

…Thus the case for the AFC proceeded on a wholly false premise, one which, indeed, was belied by their own evidence.…

…The learned trial judge clearly misapprehended various aspects of the evidence before him and consequently made wrong findings thereon.…

…We are inclined to agree with Mr Otumba’s comments regarding the handwriting evidence.…

…However we are unable to agree with him that there was no evidence supporting that of the complainant.…

…There were some differences in the signatures on the petty cash vouchers allegedly signed by the appellant and the learned judge, in our view, quite properly accepted the evidence of Isidora M.J.…

…Romsalves who was at the time of giving evidence no more in the employment of K.G.G.C.U. She had no axe to grind and her evidence was credit-worthy.…

…The learned state counsel Miss Ndirangu concedes that the appeal should not have been summarily rejected and she further drew our attention to there being no evidence of an expert witness in relation to the count on forgery…

…Section 352(2) aforesaid provides: "(2) where an appeal is brought on the ground that the conviction is against the weight of the evidence, or that the sentence is excessive, and it appears to a judge that the evidence is…

…The appellant was represented in the lower court and made no effort to call medical evidence.…

…This statement was not tendered in evidence in the instant case and the learned magistrate had no right to consider it.…

…His salary was not even given in evidence. In these circumstances, the learned judge made several crucial findings which are the subject of this appeal.…

…to the evidence, than judging the matter by the record itself.…