Search court decisions

…Until such time as there is denite agreement on the issues at hand, such correspondence cannot be used as evidence against any of the parties.…

…Where a document contains an admission there is provision under Section 23 of the Evidence Act Cap 80 which states: “In all civil cases no admission may be approved if it is made either upon an express condition that evidence…

…In his view, there was not enough evidence to show that the appellant was one of the robbers.…

…The Senior Resident Magistrate dealt with the evidence of Jamlick and Caroline as well as the defence as follows: “I have considered the defence evidence and any relevant material particulars.…

…There is no evidence by the complainant to prove that the same belonged to him.…

…in order for it to be proved and failure to bring medical evidence is not fatal to the case and the sentence was well merited.…

…In fact even where one accused gives evidence on oath such evidence must be regarded with extreme caution when it is to be used against a co-accused.…

…Nevertheless, the evidence against the appellant was overwhelming and when the second accused’s evidence is disregarded he still was correctly convicted on the evidence of recent possession of recently stolen properties and…

…The issue of law of this second appeal is whether there was evidence to prove the several charges. 2.…

…The point was made that there is evidence of false documentation. 8. Evidence was given by Kimani (PW1) that on 21st December, 1987 he allowed vehicle registration mark KWR 463 to enter the silos at Nakuru.…

…In contrast to the lapse of PW7’s evidence on identification listen to PW6’s evidence on the same point:- “I saw the young man shoot at the doctor. I saw the pistol the assailant had. The doctor ran inside a bureau.…

…In this regard, the investigating officer’s evidence concerning the recovered items was sufficiently corroborated by the evidence of Sgt. Rashid Ibrahim Ali PW9 and Pc. Edwin Kimaio PW10.…

…Secondly under sections 176 and 177 of the Evidence Act, the statements of the company’s account with the Petitioner (which is a bank within the meaning of section 3(1) of the Evidence Act) annexed to the affidavit of Kimani…

…Muthiora are prima facie evidence of the matters therein recorded.…

…Also that the Trial Magistrate erred in relying on the evidence of PW 2, PW3 and PW4 and that the defendant evidence was disregarded. Finally that the sentence is harsh and excessive.…

…The evidence as to what happened at the scene is given by PW1, David Otieno. He said he was at the Mombasa Beach with his friend Magdaline Gakii. This lady was not called to give evidence at all.…

…If it thought there was no corroboration, it should have said so, and give reasons why it was safe to rely on the evidence without corroboration. It was not possible to stray into the realm of circumstantial evidence.…

…Circumstantial or not, was the surrounding evidence corroborative? If not, was the evidence strong enough to support the conviction if the magistrate relied on evidence which was not corroborative?…

…If that is so then their evidence requires corroboration by law (section 124 Evidence Act), and they cannot therefore corroborate each other. For that reason only the conviction cannot be sustained.…

…The other girl who said she was watching said that when the teacher came in they all stood up including the complainant, but that is quite contrary to the evidence of the complainant herself.…

…We note that the conviction is based on the evidence tendered by PW1 and PW2. This evidence relates to the identification of the Accused. The learned state counsel Mr. Okumu terms this identification as recognition.…

…The prosecution evidence establishes the use of force and the unfortunate loss of the complainant’s husband. The thrust of the prosecution evidence is that the assailants were many in number.…

…The said drug and the cloth containing the pocket where it was found were produced in evidence (Ex1 & 2).…

…Learned trial magistrate considered the evidence before him and believed the evidence of the two police officers (PW1 and PW2) that it was from the person of the appellant and not any other person that they had found the…

…It is not quite so easy, therefore, to dismiss the account of the appellant and the evidence called in support of it, as would appear from the judgment.…

…On the evidence available, the appellant always said that someone had taken the money. More evidence for the prosecution was required to convict on that evidence.…

…The applicant gave evidence as to how he came to sustain the injuries that he now seeks to be compensated for.…

…He had no evidence of head injury. The systematic examination never revealed any other significant injury.”…

…It is said that S 57 (1) of the Evidence Act allows evidence to be admitted that the accused person has committed or been convicted of or charged with any offence other than that with which he is then charged or is of bad…

…character if such evidence is otherwise admissible as evidence of a fact in issue or is directly relevant to a fact in issue.…

…The evidence of these three witnesses were taken by Mr Mganga between 22nd January, 1986, and 14th August 1987.…

…But even on the evidence itself it was the duty of the prosecution to prove the charge against the two appellants beyond any reasonable doubt and on the evidence brought by the prosecution I think that the appellants ought…

…But according to the evidence of PW4, Cpl. MBOGHOLI , PW1 reported to him about the robbery on 511-94. This is about 6 months later.…

…The Learned State Counsel does not support the conviction on the ground that the Learned Trial Magistrate based his conviction on the evidence of PW1 and PW2 who were husband and wife whose evidence contradicted each other…

…Of course apart from the evidence of the respondent, there were also the four medical reports to which we have already referred.…

…It is, however, not suggested in evidence that Dr Kokonya had no basis for starting the respondent on the drugs in the first place.…

…According to her testimony she declined to have any drink but according to the evidence of the defence witness she took drinks with them.…

…This is well supported by the fact that the complainant’s knickers, skirt and sweater – all produced in evidence were torn during the incident.…