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…There were some differences in the signatures on the petty cash vouchers allegedly signed by the appellant and the learned judge, in our view, quite properly accepted the evidence of Isidora M.J.…

…Romsalves who was at the time of giving evidence no more in the employment of K.G.G.C.U. She had no axe to grind and her evidence was credit-worthy.…

…The learned state counsel Miss Ndirangu concedes that the appeal should not have been summarily rejected and she further drew our attention to there being no evidence of an expert witness in relation to the count on forgery…

…Section 352(2) aforesaid provides: "(2) where an appeal is brought on the ground that the conviction is against the weight of the evidence, or that the sentence is excessive, and it appears to a judge that the evidence is…

…That the learned District Magistrate erred in law and in fact in arriving at his judgment without considering and evaluating the evidence tendered by the parties. 3.…

…The trial court did not restate the evidence and Counsel therefore invited this court to find this judgment by the lower court is a nullity.…

…The appellant was represented in the lower court and made no effort to call medical evidence.…

…This statement was not tendered in evidence in the instant case and the learned magistrate had no right to consider it.…

…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.…

…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.…

…To attach a supporting affidavit to an application under rule 13(1)(a) would be to introduce evidence which is specifically barred by rule 13(2).…

…The judge thought that these matters should be left to be proved by evidence which would be brought during the trial.…

…It was apparently being contended that the appellant sold the item he took from PW.1, but there was no evidence from anyone that the appellant had sold any such thing to him.…

…The person owning the workshop from which PW.4 recovered the item was not called in Court to give evidence as to the circumstances under which the appellant had delivered the shaving machine arm to his workshop. As Mr.…

…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.…

…It was the plaintiff's evidence that the 1st defendant terminated his services by letter dated 17th April, 1996, which gave him one month's notice.…

…It is the plaintiff's evidence that, the oral agreement toterminate his services, was on condition that the 1st defendant pays to theplaintiff a total sum of Kshs. 471,000 as earlier mentioned.…

…The evidence which was accepted by the trial court was that the appellant attacked the complainant as he was walking home with his girlfriend shortly after midnight.…

…We have, like the trial and first appellate courts, analysed the evidence and are satisfied that the conditions in which the appellant was identified were most favourable and quite free from the possibility of error.…

…The evidence fully justified the conviction recorded against the appellant. He was convicted on sound evidence and his appeal against conviction must fail.…

…that there has been a dispute among the officers or members of a group so that he is not satisfied as to who are the officers of the group, the Registrar may in writing require the officers of the group to produce to him evidence…

…appointment of officers of the group; or (b) the institution of proceedings for the settlement of the dispute and for a declaration as to who are the officers of the group, and where he does so the officers shall provide evidence…

…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.…

…appeal namely; That the learned Resident Magistrate erred in law in convicting the appellant when the plea was not unequivocal, the learned Resident Magistrate erred in law in convicting the appellant when there was no evidence…

…Having heard submissions of both parties and having assessed the evidence on the record I find that appellant replied; “it is true” when the charge was read to him.…

…That the learned trial magistrate observed that there was a conflicting evidence which created doubt in the prosecutions case and that doubt should have been resolved in favour of the appellant.…

…I have re-evaluated the evidence adduced before the lower court on my own and I find that there is no dispute that the appellant’s vehicle was going ahead of that of the complainant in the lower court, that the distance between…

…The rest is not applicable as there is no evidence that the knife was adapted for use in committing a burglary, theft or cheating. These men were not at their place of abode. They had the knife between them.…

…He has pointed out carefully some discrepancies in their evidence. What he says is quite true, and was not clearly referred to in the judgment of the lower courts.…

…To support a charge under the foregoing section, there must be evidence showing that: 1.the accused demanded a valuable thing; 2.he demanded it with a menace or force; and 3.he demanded it with intent to steal.…

…With this kind of evidence, the trial magistrate concluded that on 2nd December, 1989 at Silent Bar in Molo South Centre, the appellant had demanded with menace KShs.1,000/= from the complainant.…