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…The jurisdiction of the High Court to receive additional evidence on appeal is conferred by section 358(1) of the Criminal Procedure Code, which empowers the appellate court, where it considers additional evidence necessary…

…, to receive such evidence itself or direct that it be taken by a subordinate court. 6.…

…or to require the evidence to be taken; (e) to order a new trial.”…

…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…The Court is not bound merely to scrutinize the evidence to determine whether there was some evidence upon which the trial court could have reached its findings.…

…replace direct evidence.…

…by the evidence. 16.…

…evidence of a parent or guardian, medical evidence or other credible evidence.…

…the oral evidence of a victim of rape or by circumstantial evidence.”…

…It is urged that the Complainant’s evidence was not corroborated by direct evidence or other prosecution witness.…

…Specifically, the appellants pray that the court certify the application as urgent, grant leave to introduce new evidence on appeal, admit into evidence the judgment and decree in Kilgoris ELC Case No. 10 of 2021, admit a…

…satisfies the legal requirements for admission of additional evidence on appeal.…

…The appellant concluded that the cumulative effect of the inconsistencies in the prosecution evidence, the manner in which the complainant’s evidence was received and evaluated, the deficiencies in the medical evidence, the…

…Having evaluated the evidence in its entirety, including the complainant’s testimony, the medical evidence and documentary exhibits, together with the evidence of the other prosecution witnesses, this Court finds that the…

…The appellant stated that the certificate under section 78 of the Evidence is mandatory and without it, the evidence is inadmissible.…

…The inconsistency in her evidence was material as to render the entire evidence on identification worthless.…

…The evidence must be credible in the sense that it is capable of belief; f. The additional evidence must not be so voluminous making it difficult or impossible for the other party to respond effectively; g.…

…The Court must be satisfied that the additional evidence is not utilised for the purpose of removing lacunae and filling gaps in evidence. The Court must find the further evidence needful; j.…

…; that the new evidence could not have been obtained with reasonable diligence for use at the trial, Appellant/Applicants could not have produced the new evidence at he time of the trial proceedings; that the new evidence…

…The court must find the further evidence needful. A party who has been unsuccessful at the trial must not seek allowing the additional evidence.…

…of the evidence adduced on record and the Appellant’s written submissions, thereby arriving at the wrong finding not supported by the evidence on the record and the law. 9.…

…On failure to consider material evidence, the Appellant contended that the trial court erred in finding that no valuation report or evidence of sale had been produced.…

…Any attempt to bring in new evidence will be to the detriment of the Respondents. He urged that the Application be dismissed. 4. The Law of Succession Act does not make provision for leave to file additional evidence.…

…The rule does not authorize the admission of additional evidence for the purpose of removing lacunae and filling in gaps in evidence.…

…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…The Court must find the further evidence needful.…

…It is further submitted that, the circumstantial evidence relied on failed to meet the threshold of such evidence.…

…Such evidence can form a strong basis for proving the guilt of an accused person just as direct evidence.…

…as she said in her own evidence.…

…of rape or by circumstantial evidence.”…

…The 3rd respondent averred that the new evidence was intended to fill up the gaps in the evidence that was adduced by the appellants in the lower court.…

…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…The Court must find the further evidence needful.…

…satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…of the case, no evidence whatsoever has been produced to show that the applicant made any efforts to obtain that evidence either before filing the suit or during the hearing of the case.…

…The 3 rd respondent cites section 106B of the Evidence Act which sets out the threshold for admissibility of electronic or digital evidence.…

…Admissibility of electronic and digital evidence (1) In any legal proceedings, electronic messages and digital material shall be admissible as evidence. (2) The court shall not deny admissibility of evidence under subsection…