Search court decisions

…Strangely, the Respondent tendered no evidence as to when he submitted the individual claims or any of them.…

…Howing from the foregoing, it is discernible that the trial Court’s evaluation of the evidence in its totality was faulty as contended by the Appellant’s Counsel as the evidence was clear that the Appellant had a clearly…

…EVIDENCE Both the Claimant’s and 1st Respondent’s case were heard on 11th July, 2024. The Claimant herein Moses Gicharu (CW1) testified and adopted his statement and documents filed as his evidence in chief.…

…The first witness Stella Aura (RW1), the Respondent’s Manager testified and adopted her witness statement as her evidence in chief and also the 1st Respondent’s documents filed with the response as her evidence in chief.…

…This being a first appeal my mandate is to re-evaluate the evidence and make my own independent conclusions while warning myself that I never saw the witnesses while giving their evidence.…

…or if the impression based on the demeanor of a witness is inconsistent with the evidence in the case generally.”…

…error apparent on the face of the record or discovery of new evidence had been demonstrated; the Court was functus officio; the Court had made a finding that the Respondent had not availed evidence to prove his case; the…

…The Court did not shut out the Respondent from leading evidence. The Court granted him an opportunity to be heard.…

…What is the quality of the identification evidence?…

…It is this evidence which has to be considered in the light of the guildeliness regarding evidence of identification which were set out in the case of Turnbull v R [1976] 23 WLR 445 see also in Anjozi v Republic [1980] KLR…

…Upto that point there was evidence of absconding duty and reason for termination.…

…The trial court noted that there was no evidence of remittance of NSSF. That was an erroneous conclusion by the court. The evidence before the trial court was the payslip which had NSSF deductions.…

…(v) The Learned Magistrate ignored evidence tendered by the Appellant’s witnesses and instead believed in the recanted statement by the victim of the teacher’s act of misconduct to the exclusion of the evidence by others.…

…of a class 7 and not 8 representative, while the pupil in question was in class 8 and that the Respondent’s evidence was taken before the Appellant’s witnesses had given their evidence. 10.…

…It is not the function of a first appellate court merely to scrutinize the evidence to see if there was some evidence to support the lower court's findings and conclusions; it must make its own findings and draw its own conclusions…

…The Respondent’s evidence is that his salary had risen to Kshs. 6,500/- as at the time of termination.…

…He adopted his witness statement recorded on 10th May 2022 as his evidence in chief. 10.…

…In the instant case, the Claimant adduced evidence and produced two staff IDs issued by the Respondent.…

…Whether the trial magistrate failed to consider the evidence adduced by the Appellant, iv.…

…That section 109 of the Evidence Act provides that the burden of proof lies with the person who wishes the court to believe his evidence. 60.…

…What is the quality of the identification evidence?…

…It is this evidence which has to be considered in the light of the guildeliness regarding evidence of identification which were set out in the case of Turnbull v R [1976] 23 WLR 445 see also in Anjozi v Republic [1980] KLR…

…What is the quality of the identification evidence?…

…It is this evidence which has to be considered in the light of the guildeliness regarding evidence of identification which were set out in the case of Turnbull v R [1976] 23 WLR 445 see also in Anjozi v Republic [1980] KLR…

…There was no new important and or relevant evidence and matter disclosed. 7.…

…The Court therefore takes the view that the Applicant is giving the court piecemeal evidence. 17.…

…Reliance was made on Section 107 of the Evidence Act on the burden of proof.…

…However, the Respondent has not provided evidence to demonstrate the actions it took to ensure that the Claimant resumed duty or was put on notice that disciplinary action was being contemplated on account of the desertion…

…The respondent did not tender oral evidence and relied on the Replying Affidavit.…

…Evidence of contracts of employment such as payslips or other verifiable evidence would have demonstrated the relationship between the individuals and the respondent.…

…having gone to the girl’s home and evidence of key source unavailable.…

…the prosecution intends to rely on, and to have reasonable access to that evidence; (k) to adduce and challenge evidence; (l) to refuse to give self-incriminating evidence; (m) to have the assistance of an interpreter without…

…The Respondent in my view did not sufficiently controvert the Claimant’s evidence that he was his employee.…

…evidence in rebuttal.…

…All the accused persons gave unsworn evidence and called no witnesses. The sum total of their evidence is that PW8 was a businessman who was buying and selling maize at Simatwet.…

…The other evidence on the record is evidence from police officers. PW3 received exhibits in a carton to take to the government chemist which he did using exhibit memo form.…

…For what may appear, the sequential recapitulation of evidence, the evidence of Wayua Muvengei (PW1) and Anna Kalau (PW10) needs be reviewed first.…

…Besides other evidence that he gave, I.P. Musili (PW7) gave similar evidence regarding how the accused led them to the point where he left the bicycle and its subsequent recovery at the home of Kilonzi (PW6).…