Search court decisions

…The contradiction in the evidence of Mutunga and assistant chief is more than obvious.…

…The evidence of Mutunga that he took the roll of bhang tied in a cigarette packet to the assistant chief cannot be believed if the evidence of the assistant chief is accepted.…

…Coupled with that there is the evidence of DW 1 to the effect that the plaintiff was seen by him leaving his farm on the material day and shortly before his arrest. That evidence stands uncontroverted.…

…That evidence is at great variance with what is contained in the P3 form. There are peculiar aspects about Dr Rouhani’s medical evidence.…

…If those pieces of evidence were taken away, Mr Prinja said, the rest of the evidence did not take the case any further.…

…In response to this evidence, the appellant made an unsworn statement.…

…that evidence.…

…statements and evidence.…

…He did not think a great deal of the medical evidence and of the plaintiff’s viva voce evidence of the extent of his injuries.…

…He thought that evidence was exaggerated because the appellant was minded to make a financial profit of this small incident.…

…In this case the categorical evidence of recognition of the appellants both of whom heard her evidence and had opportunity to refute those statements.…

…The complaints in grounds 2 and 4 of the appeal are that the alibi evidence of both appellants were summarily dismissed without due consideration and that the judgment was against the weight of the evidence.…

…Plaintiff gave evidence generally relating to personal lifeof the deceased and the damages he was claiming.…

…The defendant is the owner of the vehicle and it is he who has been sued.His driver gave evidence but he has not been made a party.…

…In their respective petitions of appeal, both appellants stated that they were convicted upon insufficient evidence and that the learned magistrate had not considered their respective defences.…

…The fact that the 1st and 2nd appellants were found in possession of very recent stolen properties corroborates the evidence of PW2 and PW3 that they were able to see them at the scene of crime during the robbery.…

…The thrust of his evidence is that he had parted with ownership thereof to the second defendant hence he cannot be held responsible. Mr Ohore is not illiterate. He could read English.…

…When related to the plaintiff’s evidence the following facts are confirmed. The stationary motor vehicle Reg No KDP 744 was left on the road unattended without lights.…

…There was a number of defects in the evidence in the trial. There was no evidence, for instance of robbery as defined in Section 296(1) of the Penal Code on count two.…

…that the evidence is reliable, then after paying attention to the warning, he may nevertheless convict.…

…He said besides lack of evidence that it is the appellant who laced the tea in the thermos flask with poison, there was no evidence to corroborate that of the two minors.…

…read the record of appeal and re-evaluated the evidence on record.…

…There is no other evidence, direct or circumstancial, to corroborate the evidence of the complainant.…

…evidence can be safely accepted as true and free from the possibility of error.…

…We come to the issue whether there was evidence to support the handling charge, having in mind that there is a divergence of views upon the evidence held by the lower courts.…

…But it is noticeable that the alleged discrepancies in her evidence are minuscule, and understandable.…

…be corroborated by other evidence of an independent nature implicating the defendant.…

…evidence requires corroboration as a matter of law by virtue of s.124 of the Evidence Act Chapter 80.…

…The trial court having warned itself of the dangers of convicting the appellant on the uncorroborated evidence of accomplices such as Jennifer Gaya, came to the conclusion, apart from the evidence of Jennifer Gaya, that the…

…As we have already observed, there was ample evidence which was accepted by the two courts below, that he played a key role in the conspiracy.…

…At the hearing before the learned Judge, evidence was given by Fredrick Gachoka Njoroge (plaintiff No. 4) and one Kinuthia Githuri on behalf of the plaintiffs whilst the defendant gave evidence and called one witness.…

…She is the one who gave evidence that the piece of land belonged to the father. The fourth plaintiff giving evidence stated as follows: “The issue of Mbugua being a younger son was put to Mzee Kinuthia.…

…All this was circumstantial evidence against the first appellant.…

…An offence like murder can be established by evidence tendered directly proving it or by evidence of facts from which a reasonable person can draw the inference that murder had been committed.…

…In his judgment, the trial magistrate recited the evidence adduced before him.…

…doubt without first making any specific findings on such evidence.…

…As regards the evidence in support of the prosecution case the court below relied on the identification of the appellant by both PW 1 and PW 2.…

…The learned trial magistrate considered all the evidence before him and including the appellant’s defence and was satisfied on the basis of that evidence that it was the appellant who snatched the complainant’s property.…