Search court decisions

…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.…

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

…evidence of Crispo, Phillemon and Charles.…

…What we must consider however, is whether the absence of his evidence adversely affects the evidence of the other eyewitnesses as proof beyond reasonable doubt of the offence with which the appellant was charged.…

…With respect to the lack of ballistic evidence connecting the shot alleged to have been fired by the appellant which caused the death of the deceased, there is the uncontroverted medical evidence that the deceased died of…

…The trial court warned himself of the danger of convicting the appellant on uncorroborated evidence of a child but found that from the evidence on record there was no reasonable doubt that it was the appellant who defiled…

…to the prejudice of the appellant; in failing to sufficiently appraise the evidence of the trial court as was bound to as a first appellate court; in upholding a conviction that was founded on evidence by the prosecution…

…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.…

…The issue of law of this second appeal is whether there was evidence to prove the several charges. 2.…

…The point was made that there is evidence of false documentation. 8. Evidence was given by Kimani (PW1) that on 21st December, 1987 he allowed vehicle registration mark KWR 463 to enter the silos at Nakuru.…

…That no evidence has been adduced to support the defendant’s defence that the plaintiff respondent was negligent, the defendant has not done anything to counter the plaintiffs evidence and found the plaintiffs case proved…

…I have re-evaluated the evidence adduced before the lower court in the light of the grounds of appeal. The first complaint relates to the issue of Limitation of Actions Act.…

…appear to misapprehend that evidence as, they suggest some doubt.…

…He then goes on to water the evidence down by the limited publication of the slander. 7.…

…The trial magistrate’s order of forfeiture of the motor vehicle was set aside as the learned Judge found that the gas cylinders were not imported into Kenya by the motor vehicle, which was correct, as the evidence had it…

…The trial magistrate rejected the forms tendered in evidence by the defence to prove exemption because they were not in the appellant’s name and they contained alternations.…

…That the agreement was for only Kshs.7,000/= which was demanded, that a relative is not precluded from giving evidence as in marriage ceremonies.…

…The duty of this court on appeal is to re-evaluate all the evidence on the record and decide whether the conclusions reached by the learned trial magistrate are to stand or not.…

…The learned Resident Magistrate, Mrs Opondo, wrote a detailed judgment in which she took into account the prosecution evidence as well as the defence of the appellant.…

…In the case subject to this appeal, there is no doubt the learned Resident Magistrate relied mainly on the evidence of the complainant to convict the appellant on both counts.…

…by the evidence of Matundura and Malika.…

…The trial court had accepted the evidence of the complainant, his mother and his brother, and despite the discrepancies as to time and place, there was evidence to support that decision.…

…He also urged that from the time of the offence and the time the appellant was arrested was at night and that no evidence that the witnesses kept continuous watch and never lost sight of the robber.…

…It is not of vital importance that a member of the public must give evidence.…

…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.…

…No evidence was adduced in this case to support the discrete advice to the defendant that the vehicle was being used as a matatu.…

…There was no independent evidence to support this discrete advice to the defence witness.…

…The Land Registrar, PW 3, gave evidence from his records.…

…We cannot detect any serious conflict between those two portions of the evidence.…

…However, the evidence he has adduced in support of his claim falls short of the required standard to warrant the grant of the orders sought.”…

…As far as grounds No 2 & 3 summed up above are concerned, these relate to matters of evidence.…

…on the evidence should stand – see–Peters v Sunday Post [1958] EA 424.…

…There was not a shred of evidence to support this suggestion.…

…Moreover, no descriptive evidence either of the appellant or of the exhibits was given.…

…He also submitted that the prosecution evidence as to where the children’s shoes, Exhibit 77, were found was contradictory.…