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…Act on account that there was no proof that PW1 was acquainted with the handwriting on the notes, the proviso to section 124 of the Evidence Act provides that no corroboration is required in cases where the court believes…

…Section 124 of the Evidence Act comes to play. The section is clear that no corroboration is necessary in criminal cases involving a sexual offence.…

…E091 OF 2025 IN THE MATTER OF SECTION 118A OF THE EVIDENCE ACT (CAP 80 LAWS OF KENYA) AND IN THE MATTER OF LAW OF SUCCESSION ACT (CAP 160 LAW OF KENYA) AND IN THE MATTER OF AN APPLICATION BY RODAH NDULULU MATUKU FOR A DECLARATION…

…The Evidence Act provides for the burden of proof. 107.…

…He added that the proviso to section 124 of the evidence Act and medical evidence must be borne in mind as well as section 143 of the Evidence Act.…

…Act…the proviso to section 124 of the Evidence Act provides that no corroboration is required in cases where the court believes that the complainant is telling the truth..”…

…Act that qualifies treatment of a suspect.…

…Our S.141 of Evidence Act says:- "An accomplice shall be a competent witness against an accused person and a conviction shall not be illegal merely because it proceeds upon the uncorroborated evidence of an accomplice", So…

…Act that qualifies treatment of a suspect.…

…Our S.141 of Evidence Act says:- "An accomplice shall be a competent witness against an accused person and a conviction shall not be illegal merely because it proceeds upon the uncorroborated evidence of an accomplice", So…

…On the first ground he relied on sections 233 of the Criminal Procedure Code, section 125 of the Evidence Act.…

…He submitted that the evidence of a child ought to be corroborated as required by section 124 the Evidence act and cited Kinyua versus Republic [2002] eKLR.…

…That had the lower court been aware of the outcome of the judgment in the traffic case - the apportionment of liability would have been other than the 30:70 the court made in the civil suit in view of section 47A of the Evidence…

…Act. “ A final judgment of a competent court in any criminal proceedings which declares a person to be guilty of a criminal offence shall after the expiry of the time limited for an appeal against such judgment or after…

…He relied on Mbuthia Macharia -vs-Annah Mutua Ndwiga & Anor (2017) eKLR where the Court of Appeal stated; “The Judge alluded to the provisions of section 107 of the Evidence Act, which deals with the burden of proof in any…

…He submitted that the Appellant equally had the evidential burden of proving that the fire was caused by arson as outlined in Section 109 and 112 of the Evidence Act.…

…Relying on Section 106 (B) of Evidence Act, he submits that the uncle has not complied with the law in providing certificate for electronic record.…

…Regarding the applicants counsel contention about the screen shot messages annexed in the replying affidavit, it is submitted for the victims that Section 106B of the Evidence Act governs production of electronic evidence…

…The evidence of the 1st plaintiff and that of the witness remains uncontroverted and the statement in the defence therefore remains mere allegations...section 107 and 108 of the Evidence Act are clear that he who asserts…

…That is the purport of Section 107(i) of the Evidence Act, Chapter 80 Laws of Kenya.…

…The plaintiff also relies on section 107 of the Evidence Act for the proposition that it was upon the defendant to prove that his driver had a PSV license.…

…I have also considered the authorities cited, and the provisions of Evidence Act, the Insurance (Motor Vehicle Third Party Risks) Act – and the issue is whether the plaintiff has proved its allegations against defendant:…

…Act.…

…However, after absconding bond and upon his return the court did not take its time to do the necessary and to have the same reflected on record. (66) The trial court citing the provisions of section 124 of the Evidence Act…

…Act, section 169 of the Criminal Procedure Code, that the prosecution did not prove penetration, that the court dismissed his defence without reason yet it created weighty doubts.…

…For the state it is submitted that on penetration no corroboration was required as per section 124 of the evidence Act and Joseph Mwangi v Republic [2015] e KLR and that the court can convict on the sole evidence of the victim…

…He relies on Section 125of the Evidence Act.…

…Section 124 of the Evidence Act there is no requirement for corroboration where the witness is victim of sexual offence. 37. The Appellant filed supplementary submissions.…

…Act.…

…The medical evidence by PW1 merely corroborated the fact that PW2 was defiled, and even if it was to be excluded under section 50 of the Evidence Act…the proviso to section 124 of the Evidence Act provides that no corroboration…

…Act (7) The appellant filed written submissions. (8) The appellant argues that the trial court “oversaw a trial which was conducted against my Constitutional Rights of a fair trial” .…

…Act iv. whether the appellant’s defence was considered . (14) It is now settled that the first appellate court bears the duty of re evaluating the evidence placed before the trial court and to draw its own conclusions bearing…

…It is averred that Section 107 of the Evidence Act, and the age old citation from Bhatt v R [1957] EA applies to this case on the onus of the prosecution to prove its case beyond a reasonable doubt.…

…On the first ground the appellant cites section 19 of the Oaths and statutory Declarations acts and section 125 of the Evidence Act. he argues that The Evidence Act provides that all persons are competent to testify unless…

…He submits that the trial court failed to apply the rule of corroboration in this case yet the complainant was a minor ;that the magistrate ignored section 124 of the evidence Act.…

…The plaintiffs relied on Section 107 of the Evidence Act – 107.…

…The defendants rely on Section 112 of the Evidence Act which provides that; 112. Proof of special knowledge in civil proceedings.…

…Act, Cap.80 Laws of Kenya. 127.…

…The prosecution was aware that the general rule against hearsay evidence as stated in Section 63 of the Evidence Act – all oral evidence must be direct from the person who says he/she heard.…