Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…The evidence fully justified the conviction recorded against the appellant. He was convicted on sound evidence and his appeal against conviction must fail.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CriminalCriminal Appeal
…The other grounds relate to matters of the evidence and ndings of fact which, since this is a second appeal, this court need not be concerned with.…
…Both the trial and the rst appellate court set out in detail the evidence which linked the appellant with his alias David Mwai Waweru and the transactions of opening the Kwake Enterprises Bank account and withdrawals of…
Division and case type: CriminalCriminal Appeal
…On their first appeal to the superior court, that court held that sufficient evidence had been tendered at their trial but purporting to follow the decision of this Court in Johana Ndungu v. Republic, Cr. A.…
…It was on the basis of this evidence that the appellants were convicted by the trial court as is outlined at the beginning of this judgment.…
Division and case type: CriminalCriminal Appeal
…On their first appeal to the superior court, that court held that sufficient evidence had been tendered at their trial but purporting to follow the decision of this Court in Johana Ndungu v. Republic, Cr. A.…
…It was on the basis of this evidence that the appellants were convicted by the trial court as is outlined at the beginning of this judgment.…
Division and case type: Constitutional and Human RightsPetition
…She states in her evidence that respondent’s conduct has caused her a lot of damage and after the visit to the DC’s office they just returned to Angels Bay and did not get intimate – hence there was no consummation.…
…I recognize that parties are bound by their pleadings and I am unable to reconcile how in her evidence petitioner claims to have been tricked into marriage and she didn’t even release they had had a wedding, yet in her pleadings…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…I would make an order remitting the proceedings to the High Court to hear and determine the case according to the evidence, which in my opinion should be oral evidence, brought before it.…
…At the beginning of the hearing of the appeal, the court asked for the evidence of the refusal of consent by the appellant. There was no letter embodying any such refusal.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilMiscellaneous Civil Application
…It follows from the affidavit evidence that the applicant could not proceed to file an appeal from a Judgment he was not made aware of its existence.…
…In my view the applicant has discharged the burden on the conditions precedent based on the affidavit evidence to support exercise of discretion in its favour under Order 42 Rule 6 of the Civil Procedure Rules.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…