Search court decisions

…The learned Magistrate did not accept the evidence of the appellant that the respondent was her causal worker. She thought this evidence was untrue.…

…Given the evidence the Magistrate heard and the statement the appellant made at Kasarani police station and which was admitted as evidence in the case, she was entitled to hold this view.…

…The appellant’s Memorandum of Appeal does not limit itself to those two grounds, namely that the conviction is against the weight of the evidence or that the sentence is excessive.…

…advocate, Mr Owuor, submitted one witness was an accomplice for which that Court of Appeal could find no evidence to support that submission.…

…evidence was imsy, and burden of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a…

…The respondent led straightforward evidence from the victim, and medical evidence from the clinician, which established prima facie, the 2 oences charged.…

…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 point of law raised in this appeal is whether under section 131(1) of the Criminal Procedure Code proof to the satisfaction of a court by which a recognizance has been taken requires evidence on oath as in section 130…

…A statement made by an agent to a party to a proceeding in terms of section 18(1) of the Evidence Act (cap 80) would be an admission, to the satisfaction of a court.…

…That new matter in this case relates to fits suffered by the applicant as explained by medical evidence presented in the application . 3.…

…That new matter in this case relates to fits suffered by the applicant as explained by the medical evidence presented in the application.…

…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…

…Magolo referred to the evidence of PW1 who stated in his evidence that the offence occurred at Malaba and that the applicants switched off their phones thereafter.…

…He indicated that in the lower court case, an objection was raised after PW1 adduced evidence. 10.…

…(c) Costs of this suit together with interest thereon at court rates;” However, the evidence led on behalf of the respondent at the ensuing trial, was to explain the somewhat confused claim contained in the amended plaint…

…The evidence given by the appellant at the trial followed these lines. We think that at this stage, we can again express our view on another important issue.…

…affidavit of Inspector Mwaniki to see the allegations or instead of the magistrate allowing John Opiyo Arunga to read or to be told the contents of that affidavit and thereafter calling upon Inspector Mwaniki to adduce evidence…

…There was no evidence that by John Opiyo Arunga, the applicant, persuading people to join a party called FORD on an unknown date, if what Inspector Mwaniki said is true, he John Opiyo Arunga was likely to commit a breach…

…A subsequent and final checking disclosed a total shortage of Kshs.114,000 and there was overwhelming evidence that the appellant received the further sum of Kshs.82,618.25 between the period mentioned in the particulars…

…Even if there be duplicity, argued Mr Chunga, it is curable – on the evidence on record. We are unable to agree with some of the view of Mr Muchiri.…

…I have considered the evidence before me. I have no doubt in my mind that the motor vehicle was carrying the potatoes in question for hire and reward.…

…The evidence is clear on this and although both the plaintiff and his driver as at the time the motor vehicle was stolen attempted to convince this Court that that was not so, I am of the firm view and so hold, that their…

…Firstly, that the issues being raised by the appellant were neither new nor compelling evidence as the issues had been raised and addressed by the Court of Appeal during the hearing of Criminal Appeal No. 363 of 2006.…

…In support of these submissions the respondent cited Maharaj v Attorney General of Trinidad and Tobago (supra), and urged the Court to dismiss the appeal. [25] The evidence that was before the High Court in support of the…

…(They are neither facts nor new evidence) As they stand they are no more than mere allegations unsupported by evidence.…

…On the contrary, we think they are fully justified by the evidence. We think therefore that there is no merit in this appeal. It ought to be and is accordingly dismissed.…

…It was contended for the company that the evidence showed that the proposed second petition would clearly be an abuse of the process of the court.…

…The timing of the advertisement was not only unfortunate but evidence of malice on the part of the petitioner, coming as it did after Mr Panesar had been away from Kenya and on the very day that he returned from Japan.…

…The statement is not required to contain the evidence which has come to the knowledge of the Governor and which it may be against the public interest to disclose.…

…In such a case the court has to base its decision on the evidence of the detainee assessing his credibility, knowledge and intelligence, a far from sound basis on which to make a finding of invalidity.…

…alternative people presented as suitable “legal representatives”, one is not an appointed executor under the will, and another has been mentally ill, and although believed to have recovered we have not been furnished with evidence…