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…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.…

…All this was circumstantial evidence against the first appellant.…

…An offence like murder can be established by evidence tendered directly proving it or by evidence of facts from which a reasonable person can draw the inference that murder had been committed.…

…In his judgment, the trial magistrate recited the evidence adduced before him.…

…doubt without first making any specific findings on such evidence.…

…Sufficiency of evidence must be looked at from the subjective view of the investigating officer. Sufficient evidence must be such that in the opinion of such police officer such evidence may result in conviction.…

…This must be considered in the light of all the evidence. There is evidence that there was a crowd outside the store after the police started arriving.…

…Sufficiency of evidence must be looked at from the subjective view of the investigating officer. Sufficient evidence must be such that in the opinion of such police officer such evidence may result in conviction.…

…This must be considered in the light of all the evidence. There is evidence that there was a crowd outside the store after the police started arriving.…

…At the hearing before the learned Judge, evidence was given by Fredrick Gachoka Njoroge (plaintiff No. 4) and one Kinuthia Githuri on behalf of the plaintiffs whilst the defendant gave evidence and called one witness.…

…She is the one who gave evidence that the piece of land belonged to the father. The fourth plaintiff giving evidence stated as follows: “The issue of Mbugua being a younger son was put to Mzee Kinuthia.…

…He denied the offence and said the evidence of PW1 was false. During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…

…The prosecution case was dependent on the evidence of PW1.…

…(except the one regarding the camera and the calculator) was called to give evidence or to identify the comparatively large number of items which were found upon the appellants, that the bus inspector’s evidence of purported…

…In the absence of any other evidence, Mr Harwood quite properly could not see how all the appellants had been in joint possession of these items.…

…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.…

…There was no other evidence of any other kind whatever against the appellant.…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…There was no other evidence of any other kind whatever against the appellant.…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…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.…

…Having considered both the evidence of the plaintiff and the D.W. 1, I think, between the two, that of DW 1 is more credible.…

…As regards the defendant’s counter-claim, no evidence was led to show that the plaintiff was responsible for the breakage.…

…It was submitted by counsel for the appellant that these witnesses (PW6 and PW7) were accomplices and it was not safe to convict on their evidence without the necessary caution or to act on such evidence without corroboration…

…There would however be no need for corroboration if the trial magistrate found their evidence as falling within the rare exception where the accomplice evidence is exceptionally cogent and credit worthy, in which case it…

…The 2nd defendant’s evidence as to the most likely point of impact is supported by the evidence of his employer (DW 1) who had happened to pass on that road after the accident and was at the scene while the police were still…

…And I see no reason why I should not accept the evidence of the 2nd defendant. I would also observe that the police were at the scene. They could haveprovided valuable evidence at least as to the point of impact.…

…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.…

…Their appeals to the High Court were dismissed and they filed second appeals in the Court of Appeal arguing that their retracted confessions should not have been admitted in evidence, that the evidence against them was uncorroborated…

…Corroboration is no more than something tending to confirm other evidence. 2.…

…We now turn to a consideration of the particular evidence in the case of each appellant, bearing in mind as we do so the whole of the evidence.…

…It is said in the evidence of these witnesses that it was the home of the 2nd accused, but, apart from a report of what the 1st accused said, there is no other evidence upon which to base that allegation, and that evidence…

…In his evidence in Cross examination, Mr.…

…The trial Judge preferred the evidence of those who saw the testator to the evidence of Dr. Ahluwalia. The Court of Appeal agreed saying that the evidence of those who saw the testator was the best available evidence.…