Case law
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Division and case type: CriminalCriminal Case
…Qualification may also be made on the evidence of one otherwitness before his evidence is examined in detail. That is theevidence of PW3 SAFARI.…
…This was basically the evidence of PW2 - Ngala.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Case
…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…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: CivilCivil Appeal
…The issue of jurisdiction was decided, “on the evidence” before Golf, J.…
…It is immaterial whether the evidence is scanty or limited. Scanty or limited facts constitute the evidence before the court.…
Division and case type: CriminalCriminal Case
…That medical evidence talks of beating in general yet from the evidence the deceased was beaten several times.…
…evidence of Crispo, Phillemon and Charles.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CriminalCriminal Case
…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…
Division and case type: CriminalCriminal Appeal
…Secondly on evidence she attacked the admission of copies of receipts, and reliance on PW.2's evidence because he was to her, as a suspect but I must state straight away that there is no such evidential status under the evidence…
…Miss Njeru's reference to a suspect's evidence cannot be taken to affect evidence.…
Division and case type: CriminalCriminal Appeal
…Secondly on evidence she attacked the admission of copies of receipts, and reliance on PW.2's evidence because he was to her, as a suspect but I must state straight away that there is no such evidential status under the evidence…
…Miss Njeru's reference to a suspect's evidence cannot be taken to affect evidence.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…Reference was made to the three dates ie September 25, 26, and 27, 1976 whose evidence the judge bore in mind and which was not challenged by the plaintiff in his evidence.…
…The judge referred to the defendant’s evidence that the plaintiff stole from the defendant on September 18, 1976 and held that the evidence was not strictly admissible and added, “the court, therefore, disregards all evidence…
Division and case type: CivilCivil Case
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…of that evidence so it is worthless and cannot be convicted on but Mr.…
…Cap 15 and S.124 of Evidence Act deal withChildren's evidence under our statute law.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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…