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…Nyauchi, Counsel for the Applicant, has cited the applicable law as section 118A of the Evidence Act Cap. 80 Laws of Kenya and Misc. Application No.…

…Section 118A of the Evidence Act provides that: 118A. Presumption of death.…

…Section 78A of the Evidence Act provides that: - “78A.…

…However, there is no evidence that a certificate was produced as required under Section 106B of the Evidence Act.…

…She relied on Section 140 of the Evidence Act in support of her submissions. 7.…

…177 of the Evidence Act and that it is only after the Bank statements have been proved to be such, that a party can then comply with Section 106 (B) of the Evidence Act. 8.…

…Section 69 of the Evidence Act Cap 80 Laws of Kenya provides as follows:- “ 69. Notice to produce a document.…

…The notice to produce is brought under Section 69 of the Evidence Act. Succession proceedings are ‘ sui generis’ and are governed the Law of Succession Act and Rules.…

…In rejoinder, the 1st defendant submitted that the Plaintiff bears the burden of proof under Sections 107 and 109 of the Evidence Act to proof its case.…

…177 of the Evidence Act.…

…The Defendants’ Notice is dated 16 th September 2024 and they object to 20 documents the Plaintiff seeks to rely on primarily for want of compliance with the Evidence Act .…

…Act .…

…The aforestated documents are all public documents as defined in Section 79 (1)(a) (ii) and (b) of the Evidence Act.…

…PW7 is a public officer as defined in Section 2 of the Act. the documents are admissible in evidence under Section 35 of the Evidence Act as they are evidence as to facts in issue.…

…Counsel relied on Sections 68 (2) (c) and 80 of the Evidence Act and submitted that the uncertified allotment letter did not satisfy the said provisions.…

…It is clear that the present appeal is based on admissibility of evidence which is provided for under the Evidence Act.…

…What is before the Court for determination, is an application by the prosecution under Section 33 of the Evidence Act, for admission of a witness statement by one Karisa Kitsao, who died before testifying in the present proceedings…

…Section 33 of the Evidence Act provides for instances of admissibility of statements made by persons who for stipulated reasons, are incapable of giving evidence.…

…Act. 18.…

…I will proceed to extract the provisions of sections 33 and 35 of the Evidence Act Chapter 80 of the laws of Kenya 29.…

…' Before this Court is the Notice of Motion dated 29 TH November, 2022 presented under Section 118A of the Evidence Act, Section 3A of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules, seeking for…

…Act which provides as follows; “Where it is proved that a person has not been heard of for seven years by those who might be expected to have heard of him if he were alive, there shall be a rebuttable presumption that he…

…Act, Cap 80 Laws of Kenya.…

…Section 106B (4) of the Evidence Act is couched in mandatory terms that a certificate is I ssued in order to have electronic records admitted in evidence.…

…Act, Cap. 80 Laws of Kenya. ` 3.…

…If so, whether the documents meet the requirements of Section 71 of the Evidence Act for admissibility. 6.…

…In so doing she invoked the provisions of Sections 180 of the Evidence Act, and Article 159 of the Constitution.…

…It is the Applicant’s case however that in so doing the learned magistrate misdirected herself as Section 180 of the Evidence Act does not provide for freezing of accounts and that in any event the order for freezing of the…

…The petitioners moved this Court by way of an originating summon brought under section 118A of the Evidence Act; Rule 10 of Probate and Administration Rules; section 17 of the Births and Death Registration Act and section…

…Under section 118 of the Evidence Act, Cap 80 Laws of Kenya, a person is presumed dead if he disappears and is not heard from for a period of 7 years.…

…Section 25A of the Evidence Act, Cap 80, Laws of Kenya, allows recording of confession statements by judicial and senior police officers, so long as the judicial officers are not the ones trying the case, and the senior police…

…Section 25A of the Evidence Act is to be read together with section 26, of the same Act, which provides for the inadmissibility of such confession statements, where it would appear, to the trial court, that the same had been…

…It is argued that the data was not properly authenticated under sections 78A and 106B of the Evidence Act, and the trial court failed to record the Appellant’s objection.…

…Act.…

…Act (Chapter 80 of the Laws of Kenya). 3.…

…The Appellants argue that the trial court ought to have had recourse to section 112 of the Evidence Act which provides that: 112.…

…It is argued that advocate-client confidentiality is based on Section 134 of the Evidence Act, which protects communication between a client and an advocate.…

…Act.…