Case law
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Division and case type: CivilCivil Appeal
…Mr Njuguna, on behalf of the respondents, equally drew attention to several differences in the other side’s case, notably that under cross-examination the plaintiff said first that he had received the log book from Nairobi…
…Neither was it ever put to the appellant in cross-examination that he and Hawala had acted in collusion so as to deprive the AFC of its security.…
Division and case type: CivilCivil Case
…He denied in cross-examination that he had never alleged any beatings in his police statement which he made on the date he was arrested.…
…In cross examination he added that the persons who beat Abdi were different from those who beat him and the second plaintiff, and they were three. According to him also, there were five askaris who beat them.…
Division and case type: CriminalCriminal Appeal
…Mr Prinja conceded that Stella was not challenged in cross-examination on her recognition of the appellant’s voice (as she should have been) but maintained that nevertheless the judge was not relieved of the duty of administering…
…None of these matters, Mr Prinja said, were canvassed by the judge in his judgement, which it was his duty to do, notwithstanding that most of them were not put to the witnesses in cross-examination.…
Division and case type: CivilCivil Case
…One is even constrained to think that the cross-examination conducted by defence counsel was never based on instructions from his clients.…
Division and case type: CriminalCriminal Appeal
…He said so in his evidence in chief and repeated it when the matter was raised in cross examination. The evidence of PW3 is very clear.…
Division and case type: CivilCivil Case
…The plaintiff categorically exculpated the 1st defendant when he said (in cross-examination by Mr Gikandi): “It is not true that I was employed by the 1st defendant as alleged in paragraph 5 of the plaint.…
…In cross-examination by Mr Pandya the 1st defendant admitted that the person who completed the first form was his own clerk who was paying wages to his employees, and that although he knew that the clerk had completed this…
Division and case type: CriminalCriminal Appeal
…PW7 died before his cross – examination by the appellant was completed.…
Division and case type: CriminalCriminal Case
…It must be remembered that it is made in the absence of the accused and is not subjected to cross-examination.…
Division and case type: CivilCivil Case
…On cross-examination by Mr Satchu, Mr Sherwin stated that the bucket would drop to the surface of the road.…
…On cross-examination by court, he stated that he traveled a distance of about 100 yards on the right lane before the steering turned right.…
Division and case type: CivilCivil Suit
…During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…
…In the case giving rise to this appeal PW1 said during cross-examination:- “Deceased and accused are my customers” And during re-examination he said “Both deceased and accused were my friends.”…
Division and case type: CriminalCriminal Appeal
…Under cross-examination, PW 1 he identified Chacha at the parade but not during the robbery. All that meant that PW 2 was the sole identifying witness in so far as Chacha was concerned.…
Division and case type: CriminalCriminal Appeal
…The trial Magistrate and the Judge erred in failing to hold that the prosecution had failed to dislodge the appellant’s cross-examination by the prosecution.…
…When it was suggested to him towards the end of his cross-examination that he could have been mistaken about the identity of the appellant he retorted: “I cannot mistake the accused for any other person.…
Division and case type: CriminalCriminal Appeal
…He said in cross examination that appellant had lOUs to present. He also said that documents relating to IOUs were not produced in court and the bank statements were not attached to the audit report.…
…In cross examination he said he was not availed any payment vouchers and did not investigate their petty cash account.…
Division and case type: CriminalCriminal Appeal
…He said in cross examination that appellant had lOUs to present. He also said that documents relating to IOUs were not produced in court and the bank statements were not attached to the audit report.…
…In cross examination he said he was not availed any payment vouchers and did not investigate their petty cash account.…
Division and case type: CriminalCriminal Appeal
…The second accused’s statement was not a confession nor was it evidence on oath which could be tested by cross-examination.…
Division and case type: CriminalCriminal Appeal
…He further added that PW5 in his evidence had said during cross examination that he (PW5) almost fought with the third accused when he threatened to take the complainant’s cattle by force and further that it was second accused…
Division and case type: CriminalCriminal Appeal
…Neither witness was successfully challenged in cross-examination and we think that both the magistrate and the judge were entitled, and indeed right, to find on the complainant’s evidence, as so supported, that Kshs 105,000…
Division and case type: CivilCivil Case
…Under cross-examination the plaintiff stated that CI Nganga slapped him on his right side and broke the left not the right hand side lens of his spectacles, which he produced in evidence.…
Division and case type: CivilCivil Case
…It would appear from the cross-examination of the plaintiff by the defendant’s counsel that he had instructed his counsel that there was in fact a tanker which had overturned at the scene and was present at the time of the…
Division and case type: CriminalCriminal Appeal
…And under cross examination at page 6: “The sachets were wrapped in cigarette foil. We took samples of each sachet to the Government Chemist for examination ........”…