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…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.…

…As regards the evidence in support of the prosecution case the court below relied on the identification of the appellant by both PW 1 and PW 2.…

…The learned trial magistrate considered all the evidence before him and including the appellant’s defence and was satisfied on the basis of that evidence that it was the appellant who snatched the complainant’s property.…

…As regards the evidence in support of the prosecution case the court below relied on the identification of the appellant by both PW 1 and PW 2.…

…The learned trial magistrate considered all the evidence before him and including the appellant’s defence and was satisfied on the basis of that evidence that it was the appellant who snatched the complainant’s property.…

…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…

…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.…

…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.…

…He therefore argued that there was evidence that pleadings had not closed in this case as required by order XVI Rule 5.…

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

…Even upto today before me, there has not been evidence to show who the owner of that maize is and it will not be proper for me to work on assumption as to that ownership for the purpose of ordering release of that maize to…