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…From the evidence of the complainant Patel (PW1) the appellant did not stop at the T-junction as he joined Kilunhga street. It would appear that the appellant was coming from the left-hand side junction.…

…The appellant in his evidence testified that he was on his correct side of the road when the complainant came driving on his wrong side of the road and hit him.We have now examined the evidence on record and it is clear that…

…The learned magistrate considered all the evidence and accepted the evidence of the police officers with regard to finding of rounds of ammunitions in the coat at the house of the appellant.…

…It was not necessary to call the suspects for robbery who pointed out the house of the appellant unless the circumstances so required such evidence.…

…I have considered the evidence on the record and I am satisfied that the appellant was properly convicted.…

…On this evidence the participation in the offence by the appellant is in my view established and I find the conviction proper and it is unheld.…

…On the issue of identification which is the real question for decision in this appeal, the evidence discloses that PW 1 was the only identifying witness as regards the first appellant Marie.…

…The trial court disregarded the evidence of identification.…

…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.…

…Secondly, it is desirable that the court admits only evidence which is admissible in law, and what is admissible in a substantive offence and in a conspiracy may cause confusion.…

…The reason is that it renders admissible evidence of what one prisoner says in the absence of the others, because if they are all conspirators what one of them says in furtherance of the conspiracy could be admissible evidence…

…It cast doubt on the identification evidence against him. Hence, the case against him was not proved beyond reasonable doubt.…

…His evidence – in – chief having thus not been tested, cannot fairly be taken against the appellant.…

…accident which was adduced in evidence by consent.…

…Such evidence does not tend to show that before the accident the plaintiff was planning a naval career.…

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

…His evidence would have to be carefully scrutinized. He said he was outside, he called it the Murangi Town Hotel bar, at 5.00 am on the 10th/11th.…

…No rule of natural justice, no rule of statutory protection, no rule of evidence, and no rule of common sense is to be sacrificed, violated or abandoned when it comes to protecting the liberty of the subject.…

…The grounds of appeal are mainly that the evidence upon which he was convicted was insufficient and that his confession was retracted and uncorroborated.…

…Mr Nyaga for the state did not support the conviction and on by own assessment of the evidence I am in agreement with both counsels that the conviction was unsafe.…

…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.…

…There is no evidence that a copy of the report was sent to or read out to the appellant.…

…adduced by or on behalf of the plaintiff, it appears to the court that, if such an action were brought forthwith and the like evidence were adduced in that action, that evidence would in the absence of any evidence to the…

…The trial magistrate accepted the evidence of the record kept by the technician as well as evidence of the butchers but the appellant had not been issuing receipts any of them.…

…I have carefully gone through all the evidence adduced before the trial court.…

…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…

…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.…

…The order of compensation of Ksh 5,000 is also quashed as there is no evidence that the complainant incurred any medical expenses. December 7 ,1987 TORGBOR JUDGE…

…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.…