Search court decisions

…That the agreement was for only Kshs.7,000/= which was demanded, that a relative is not precluded from giving evidence as in marriage ceremonies.…

…The duty of this court on appeal is to re-evaluate all the evidence on the record and decide whether the conclusions reached by the learned trial magistrate are to stand or not.…

…The learned Resident Magistrate, Mrs Opondo, wrote a detailed judgment in which she took into account the prosecution evidence as well as the defence of the appellant.…

…In the case subject to this appeal, there is no doubt the learned Resident Magistrate relied mainly on the evidence of the complainant to convict the appellant on both counts.…

…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.…

…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…

…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…

…Shabola submitted that the evidence produced by the prosecution although circumstantial, did place the appellant at the scene of crime. Mr.…

…The appellant admitted that PW4 was known to her but said that, part of her evidence were lies.…

…No evidence was adduced in this case to support the discrete advice to the defendant that the vehicle was being used as a matatu.…

…There was no independent evidence to support this discrete advice to the defence witness.…

…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…

…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…

…The defendants on their part did not offer any evidence but their advocates filed written submissions.…

…In his evidence the driver who gave evidence as PW1 said that on 8th January 1998 he was transporting molasses from Sony Sugar Co.…

…There is no doubt on the evidence and it is agreed that the 2nd defendant was so served and did enter an appearance on the 30th December, 1986.…

…It is incredible that the process server could have possibly made up that story which he repeated before me in his oral evidence.…

…Although the appellant disputed the amount he was paid for the trees which he had planted on the acquired portion, it came out in evidence that although he was compensated for the trees, he admitted in his evidence that he…

…I also noted in the evidence that Kurban Allibhai Bannie a valuer who testified for the appellant was not registered at the time of carrying the valuation.…

…Beyond that stage, however, there was no evidence to show how the letter conveying the result of the appeal was sent to the prison authorities at Kodiaga in Kisumu.…

…There was therefore no evidence of how the letter was dispatched to Kodiaga Prison, if at all it was dispatched.…

…There having been no evidence to that effect, the Court should not have assumed that this was a petroleum product.…

…From the recorded evidence, I find that the prosecution failed to prove that the stuff was one to which the rules applied.…

…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.…

…This case was filed in Court by the respondent who in her evidence said that amongst the documents enclosed in the letter to her husband was a degree certificate for her said husband which he was supposed to use in securing…

…Furthermore the consideration of expenses of renting two houses one in Nairobi and another in Bungoma was not proved in evidence.…