Search court decisions

…Ong’undi, Esq, P.M.) in Criminal Case No 189 of 1989) Evidence – secondary evidence – notice to produce a document – Evidence Act (cap 80) section 69 – to whom such notice is given – when such notice can be dispensed with…

…Evidence – expert evidence – evidence of document examiner and handwriting expert – how such evidence should be treated by the court Crimes – fraudulent false accounting–– Penal Code (cap 63) section 330(a) – entries in a…

…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.…

…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…

…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).…

…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…

…He had heard the evidence of the Plaintiff and his doctor. The proceedings had proceeded ex parte and in the absence of the defendants. The Plaintiff closed his case and the suit was adjourned for Mr.…

…From the evidence before the court the plaintiff stated that he boarded the defendants lorry. Motor vehicle KWL 306 Souza Lorry, that was driven on the material day by the 2nd defendant.…

…The evidence of the 2nd Defendant before the Arbitrator contradicts his own evidence in court that he had never been to that land till after the land was transferred to him.…

…His evidence and that of the 1st Defendant that they visited the said land in September, 1987, clearly confirms the evidence of the Plaintiff and his witnesses that both Defendants had come to the said land in September,…

…The evidence adduced was collaborated in material aspects by the evidence of an independent witness who was found by the magistrate to be honest and the evidence could therefore not be impeached. 2.…

…Mr Gatonye did not give hearsay evidence.…

…There was very little evidence to show that Agustus had that money and where he had kept it. The only real evidence against the appellant was an allegation by PC.…

…PW.2 being a police constable could not take any confession from the appellant and his evidence ought to have been ignored.…

…The evidence against the appellant was overwhelming as he was identified by the purchaser and an eyewitness to the theft. 2.…

…Then there was the evidence of Francis Lihanda alias Cisco (PW 19) who bought this lorry from the appellant in Western Kenya (Kisumu and Kakamega).…

…That medical evidence talks of beating in general yet from the evidence the deceased was beaten several times.…

…evidence of Crispo, Phillemon and Charles.…

…In view of the sketchy evidence of the eyewitnesses and the sketch plan, which seemed consistent with either version, the evidence of the turnboys was of importance and the magistrate should have given opportunity for the…

…The absence of such evidence materially prejudiced the appellant. 2.…

…There was no expert evidence to show what speed was implied by the 44.50 meter skid marks. 3.…

…At the point of the accident the road is straight and the evidence is that the weather was good. Further evidence by the motor vehicle examiner suggested that the appellants’s matatu did not have any preaccident defect.…

…In Indian proceedings a Mrs Ingles had given evidence which supported the wife’s claim, and hence the pypothesis of the wife’s adultery.…

…Such evidence was given on commission and taken down by commissioner who signed the document.…

…Case No 496 of 1990 of the Resident Magistrate’s Court at Mombasa, G M Njuguna, Esq, RM) RULING A witness by the name S Pandya was summoned to appear before Resident Magistrate in the above Criminal Case on 14/8/90 to give evidence…

…The principles for the successful grant of a review are well settled and the two which are pertinent to this application are that some new and important matter or evidence which could not with diligence have been discovered…

…Why this authority could not have been discovered after the exercise of due diligence even if this authority could be regarded as “new and important matter or evidence”’ is not explained.…

…It would seem that such finding was made on the basis of the evidence of the mother.…

…Medical evidence, if sought to be adduced, ought to be so done with propriety and not in such slipshod manner. The doctor who examined the complainant should have been called to adduce proper evidence.…

…The card was put in evidence as exhibit Pex 6. The antenatal clinic card of the mother of PW 2 was also put in evidence as exhibit Pexb.7. Pexb.7 shows that PW 2 was in good health. 9.…

…In this regard, there is the evidence of PW 2 that the appellant had sexual intercourse with her. Then there is the medical evidence of Hillary Kiptoo (PW 1), who examined PW 2.…