Search court decisions

…With regard to absence of evidence of service of the order it is not disputed that no evidence to that effect is annexed to the affidavits in support of the motion.…

…There is no evidence at all of the person who served Mr Malakwen on 3rd November, 1993.…

…Eight witnesses altogether gave evidence at the trial that they recognised the second appellant.…

…He cited the case of Cleophas Otieno Wamunga v Republic (Criminal Appeal No 20 of 1989)where this Court said: “ It is trite law that where the only evidence against a defendant is evidence of identification or recognition…

…The paucity of evidence on the mental element was, made up by what is clearly hearsay evidence.…

…Accordingly, the evidence narrated to the court about what the informant told the police was inadmissible as hearsay evidence and ought to have been rejected by the trial court. That evidence was not excluded.…

…The issue of jurisdiction was decided, “on the evidence” before Golf, J.…

…It is immaterial whether the evidence is scanty or limited. Scanty or limited facts constitute the evidence before the court.…

…When the learned judge reached the evidence of Mr. Njugi he said: “I must confess the evidence of Mr.…

…It was evidence which corroborated Mary Njoki’s evidence, in particular it established her connection with the deceased.…

…In this respect I would refer to ss.13 and 51 of the Evidence Act which read: 13.…

…For nearly eighteen (18) years hence, there is no evidence of any conjugal relationship between the deceased and the rst appellant. Indeed, since 1972 there was no evidence of such relationship.…

…by the evidence of Matundura and Malika.…

…The trial court had accepted the evidence of the complainant, his mother and his brother, and despite the discrepancies as to time and place, there was evidence to support that decision.…

…Reference was made to the three dates ie September 25, 26, and 27, 1976 whose evidence the judge bore in mind and which was not challenged by the plaintiff in his evidence.…

…The judge referred to the defendant’s evidence that the plaintiff stole from the defendant on September 18, 1976 and held that the evidence was not strictly admissible and added, “the court, therefore, disregards all evidence…

…It would seem that such finding was made on the basis of the evidence of the mother.…

…Medical evidence, if sought to be adduced, ought to be so done with propriety and not in such slipshod manner. The doctor who examined the complainant should have been called to adduce proper evidence.…

…The main ground in this appeal is on the confession statement which was retracted and repudiated and the corroborative evidence to make it admissible in evidence.…

…The link in the evidence leading to the blood-stain is missing and to rely on the bloodstain as corroborative evidence which evidence was not shown to have proved the guilt of the appellant would be unsafe.…

…that evidence.…

…statements and evidence.…

…If those pieces of evidence were taken away, Mr Prinja said, the rest of the evidence did not take the case any further.…

…In response to this evidence, the appellant made an unsworn statement.…

…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 is no other evidence, direct or circumstancial, to corroborate the evidence of the complainant.…

…evidence can be safely accepted as true and free from the possibility of error.…

…The appellant’s contention in this appeal is on the grounds that the two courts below erred in law in not treating Mr Barlow’s evidence as that of an accomplice; the evidence of Samson Onyango (PW 2) was not impartial as…

…of PW 1 has been strongly corroborated by the evidence of PW 3, PW 5 and PW 7”.…

…He said besides lack of evidence that it is the appellant who laced the tea in the thermos flask with poison, there was no evidence to corroborate that of the two minors.…

…read the record of appeal and re-evaluated the evidence on record.…

…be corroborated by other evidence of an independent nature implicating the defendant.…

…evidence requires corroboration as a matter of law by virtue of s.124 of the Evidence Act Chapter 80.…

…The learned Judge erred and misapprehended the evidence of PW 1 Abigail Ondari whose evidence he accepted without testing the same with the totality of the evidence of other witnesses. 7.…

…of Abigail’s evidence, the Judge may reasonably have doubted the veracity of the evidence of Abigail.…

…The Evidence Act (section 124, cap 80).…

…of a child of tender years and had also overlooked significant items of evidence bearing on the reliability of her evidence the conviction could not stand.…