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…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.…

…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.…

…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 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…

…Without proper evidence before me, I can only use the words of the Court of Appeal in Daniel Nyanza & Others vs Republic Cr.…

…Appeal No. 134/2005 and state as follows: “Under all those circumstances, there is no proper evidence on the complaint based on violation of the appellants’ rights under section 72(3) (b) of the Constitution.…

…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.…

…However the court allowed him to putin onc, according to his recollectionthe same to be considered along other evidence (Exhibit P.7). in cross examination this witness said that the bus had tended to go to the left of the…

…Again this is not tomake a short job of the plaintiff’s case go this point, but there was no evidence produced aboutthe plaintiff's income per month as a driver.…

…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.…

…These were findings of fact which are supportable on the evidence before the court.…

…The saw had to be returned within a reasonable time and, if not so returned, the respondent was entitled to (and should) purchase a replacement, which, the evidence showed, would have cost Shs 1,500.…

…These were findings of fact which are supportable on the evidence before the court.…

…The saw had to be returned within a reasonable time and, if not so returned, the respondent was entitled to (and should) purchase a replacement, which, the evidence showed, would have cost Shs 1,500.…

…I wouldn’t say that in all her evidence the respondent denied what the appellant alleged against her in the petition.…

…Professor Acuda’s evidence that he met both parties in the case would tend to establish that the appellant’s complaint was actually of a marital nature.…