Search court decisions

…What we must consider however, is whether the absence of his evidence adversely affects the evidence of the other eyewitnesses as proof beyond reasonable doubt of the offence with which the appellant was charged.…

…With respect to the lack of ballistic evidence connecting the shot alleged to have been fired by the appellant which caused the death of the deceased, there is the uncontroverted medical evidence that the deceased died of…

…There was a number of defects in the evidence in the trial. There was no evidence, for instance of robbery as defined in Section 296(1) of the Penal Code on count two.…

…that the evidence is reliable, then after paying attention to the warning, he may nevertheless convict.…

…The trial court warned himself of the danger of convicting the appellant on uncorroborated evidence of a child but found that from the evidence on record there was no reasonable doubt that it was the appellant who defiled…

…to the prejudice of the appellant; in failing to sufficiently appraise the evidence of the trial court as was bound to as a first appellate court; in upholding a conviction that was founded on evidence by the prosecution…

…There was a number of defects in the evidence in the trial. There was no evidence, for instance of robbery as defined in Section 296(1) of the Penal Code on count two.…

…that the evidence is reliable, then after paying attention to the warning, he may nevertheless convict.…

…The issue of law of this second appeal is whether there was evidence to prove the several charges. 2.…

…The point was made that there is evidence of false documentation. 8. Evidence was given by Kimani (PW1) that on 21st December, 1987 he allowed vehicle registration mark KWR 463 to enter the silos at Nakuru.…

…on the evidence should stand – see–Peters v Sunday Post [1958] EA 424.…

…There was not a shred of evidence to support this suggestion.…

…Moreover, no descriptive evidence either of the appellant or of the exhibits was given.…

…He also submitted that the prosecution evidence as to where the children’s shoes, Exhibit 77, were found was contradictory.…

…However, from the police statements of PW2; Namenge Ngalu Orinda (PW3); and Peter Makokha Wandera (PW4) which were tendered in evidence in the superior court and marked exhibits Nos D1.2; D1.3; and D1.4 respectively, the…

…From the evidence of PW1; PW2; PW3; PW4; and that of the appellant’s work-mates - Administration Police Constable Jimmy Okwakao Omuse (PW6) and PW7 - the learned trial judge found that these witnesses substantially spoke…

…appear to misapprehend that evidence as, they suggest some doubt.…

…He then goes on to water the evidence down by the limited publication of the slander. 7.…

…The trial magistrate’s order of forfeiture of the motor vehicle was set aside as the learned Judge found that the gas cylinders were not imported into Kenya by the motor vehicle, which was correct, as the evidence had it…

…The trial magistrate rejected the forms tendered in evidence by the defence to prove exemption because they were not in the appellant’s name and they contained alternations.…

…The findings of fact appear to be fully supportable on the evidence adduced in the trial court.…

…This court can only interfere with findings of fact if such findings are supported by no evidence at all or if on the evidence on record the findings are wholly unreasonable. That is clearly not the position here.…

…He also urged that from the time of the offence and the time the appellant was arrested was at night and that no evidence that the witnesses kept continuous watch and never lost sight of the robber.…

…It is not of vital importance that a member of the public must give evidence.…

…Before dealing with the important points of law raised in this appeal, it is necessary to set out the relevant facts which are established by the pleadings and by the evidence. 2.…

…No evidence was adduced to show that any objection was made in respect of the material parcel of land. It is notoriously dicult for there to be no objection after the publication of a register if there are errors.…

…Section 200 of the Act provides for incoming magistrates taking over uncompleted trials by other magistrates but section 200 (4) specifically provides: “Where an accused person is convicted upon evidence that was not wholly…

…the case of Mwangi vs Republic [1983] KLR 522, this Court held that: “A retrial should not be ordered unless the appellate court is of the opinion that on a proper consideration of the admissible or potentially admissible evidence…

…In particular he had decided the case against the weight of the evidence of PW 7, (Henry Otieno Omondi), PW 10, SGT Ombima (who took possession of the documents and obtained specimens of the appellant’s handwriting, and PW…

…A general deficiency charge is permitted by section 137 (j) of the Criminal Procedure Code in the case of stealing by a public servant, and there was abundant evidence that the member of the deceased’s family who had not…

…The only issue of law which could have arisen in any appeal would have been the issue of identification on which there is more than ample evidence to prove that the appellant was one of the assailants who attacked the complainant's…

…In the end we are satisfied that the evidence in this case is sufficient to support the conviction and there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was…

…Mr Gilani’s evidence is identical on the point, and the cheque itself, payable to the defendant, is in evidence, dated March 1. True Shakeel said: “The cheque for Shs 200,000 was not handed to me.…

…So even if Mr Behan did afterwards retain the cheque it was not in my view possible to reach a nding contrary to the evidence which is plain for all to see.…

…Ayub acquired a piece of forest land and the evidence shows that he carried on farming there. Ayub’s mother who was the 1st respondent’s grandmother was also with them.…

…Sometime after this – the evidence is not precise on the date - Ayub uprooted the marked boundary. So the 1st respondent sued him in Lurambi Court.…

…But an affidavit of the process server is admissible in evidence and in the absence of contest it would normally be considered sufficient evidence of the regularity of the proceedings.…

…The affidavit of the process server appears much the stronger evidence.…