Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…Whether or not she was married according to customary law to Kituu was a matter which was especially within their knowledge so under sections 107, 108 and 112 of the Evidence Act (cap 80) the burden of proving the facts which…
Division and case type: CriminalCriminal Case
…Chemists personnel, who handled various exhibits discovered in the store, which were analyzed and the report of the Government Chemist who is abroad and may not return until the end of the year, was produced under s 77 of the Evidence…
…Act, upon Mr Ghalia for the accused indicating that he did not object to production of such exhibits.…
Division and case type: CriminalCriminal Case
…Chemists personnel, who handled various exhibits discovered in the store, which were analyzed and the report of the Government Chemist who is abroad and may not return until the end of the year, was produced under s 77 of the Evidence…
…Act, upon Mr Ghalia for the accused indicating that he did not object to production of such exhibits.…
Division and case type: CivilCivil Appeal
…It is a fact in issue, or explains the Plaintiff’s possession, as an exception to Sec 46 of the Evidence Act (Cap 80).…
Division and case type: CriminalCriminal Appeal
…But it has long been held in England itself that the admissibility of a confession, which in Kenya is governed by section 26 of the Evidence Act, (cap 80) is a matter for the judge alone as is shown by the following passage…
Division and case type: CriminalCriminal Case
…implicating unequivocally both himself and B, that confession is admissible and may be taken into consideration as against B as well as against A, subject, of course, to the conditions as to admissibility contained in the Evidence…
…Act.…