Search court decisions

…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.…

…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.…

…To attach a supporting affidavit to an application under rule 13(1)(a) would be to introduce evidence which is specifically barred by rule 13(2).…

…The judge thought that these matters should be left to be proved by evidence which would be brought during the trial.…

…The evidence fully justified the conviction recorded against the appellant. He was convicted on sound evidence and his appeal against conviction must fail.…

…The rest is not applicable as there is no evidence that the knife was adapted for use in committing a burglary, theft or cheating. These men were not at their place of abode. They had the knife between them.…

…He has pointed out carefully some discrepancies in their evidence. What he says is quite true, and was not clearly referred to in the judgment of the lower courts.…

…To support a charge under the foregoing section, there must be evidence showing that: 1.the accused demanded a valuable thing; 2.he demanded it with a menace or force; and 3.he demanded it with intent to steal.…

…With this kind of evidence, the trial magistrate concluded that on 2nd December, 1989 at Silent Bar in Molo South Centre, the appellant had demanded with menace KShs.1,000/= from the complainant.…

…To support a charge under the foregoing section, there must be evidence showing that: 1.the accused demanded a valuable thing; 2.he demanded it with a menace or force; and 3.he demanded it with intent to steal.…

…With this kind of evidence, the trial magistrate concluded that on 2nd December, 1989 at Silent Bar in Molo South Centre, the appellant had demanded with menace KShs.1,000/= from the complainant.…

…These were findings of fact which are supportable on the evidence before the court.…

…The saw had to be returned within a reasonable time and, if not so returned, the respondent was entitled to (and should) purchase a replacement, which, the evidence showed, would have cost Shs 1,500.…