Search court decisions

…With regard to absence of evidence of service of the order it is not disputed that no evidence to that effect is annexed to the affidavits in support of the motion.…

…There is no evidence at all of the person who served Mr Malakwen on 3rd November, 1993.…

…Eight witnesses altogether gave evidence at the trial that they recognised the second appellant.…

…He cited the case of Cleophas Otieno Wamunga v Republic (Criminal Appeal No 20 of 1989)where this Court said: “ It is trite law that where the only evidence against a defendant is evidence of identification or recognition…

…The paucity of evidence on the mental element was, made up by what is clearly hearsay evidence.…

…Accordingly, the evidence narrated to the court about what the informant told the police was inadmissible as hearsay evidence and ought to have been rejected by the trial court. That evidence was not excluded.…

…When the learned judge reached the evidence of Mr. Njugi he said: “I must confess the evidence of Mr.…

…It was evidence which corroborated Mary Njoki’s evidence, in particular it established her connection with the deceased.…

…In this respect I would refer to ss.13 and 51 of the Evidence Act which read: 13.…

…For nearly eighteen (18) years hence, there is no evidence of any conjugal relationship between the deceased and the rst appellant. Indeed, since 1972 there was no evidence of such relationship.…

…The main ground in this appeal is on the confession statement which was retracted and repudiated and the corroborative evidence to make it admissible in evidence.…

…The link in the evidence leading to the blood-stain is missing and to rely on the bloodstain as corroborative evidence which evidence was not shown to have proved the guilt of the appellant would be unsafe.…

…that evidence.…

…statements and evidence.…

…The appellant’s contention in this appeal is on the grounds that the two courts below erred in law in not treating Mr Barlow’s evidence as that of an accomplice; the evidence of Samson Onyango (PW 2) was not impartial as…

…of PW 1 has been strongly corroborated by the evidence of PW 3, PW 5 and PW 7”.…

…The learned Judge erred and misapprehended the evidence of PW 1 Abigail Ondari whose evidence he accepted without testing the same with the totality of the evidence of other witnesses. 7.…

…of Abigail’s evidence, the Judge may reasonably have doubted the veracity of the evidence of Abigail.…

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

…of a child of tender years and had also overlooked significant items of evidence bearing on the reliability of her evidence the conviction could not stand.…

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

…of a child of tender years and had also overlooked significant items of evidence bearing on the reliability of her evidence the conviction could not stand.…

…All this was circumstantial evidence against the first appellant.…

…An offence like murder can be established by evidence tendered directly proving it or by evidence of facts from which a reasonable person can draw the inference that murder had been committed.…

…In his judgment, the trial magistrate recited the evidence adduced before him.…

…doubt without first making any specific findings on such evidence.…

…At the hearing before the learned Judge, evidence was given by Fredrick Gachoka Njoroge (plaintiff No. 4) and one Kinuthia Githuri on behalf of the plaintiffs whilst the defendant gave evidence and called one witness.…

…She is the one who gave evidence that the piece of land belonged to the father. The fourth plaintiff giving evidence stated as follows: “The issue of Mbugua being a younger son was put to Mzee Kinuthia.…

…He denied the offence and said the evidence of PW1 was false. During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…

…The prosecution case was dependent on the evidence of PW1.…

…There was no other evidence of any other kind whatever against the appellant.…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…Replying to grounds 2 and 3 Miss Ngugi did not dispute that the conviction was based on circumstantial evidence.…

…For a reason which will emerge later we do not propose to enter upon a detailed discussion of the evidence.…

…the evidence of the prosecution itself showed that the statements could not possibly be true.…

…, but the fact, in itself, does not automatically result in the exclusion of the statement from the evidence”.…

…If the defendant calls no evidence then he has not discharged the onus on him of proving the contributory negligence pleaded by him. In the absence of such evidence the court cannot decide relative blameworthiness.…

…He had before him evidence to show that the appellant was guilty of the offence of causing death by dangerous driving.…