Search court decisions

…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).…

…Damages are clearly payable to the parents of a deceased child, irrespective of the age of the child and irrespective of whether there is or there is not evidence of pecuniary contribution. 3.…

…The award of shs 100,000/- was in any event excessive and not supported by any evidence of loss. We shall deal with ground one first.…

…The evidence of PW 2 is not as specifically supported by other evidence as that of PW 1 and I warn myself of the danger of accepting his evidence.…

…In this case I am satisfied that the evidence of PW 2 is acceptable considered in relation to the evidence of PW 1, PW 6, PW 7 and the doctor, and may be acted upon.…

…There is no evidence by the complainant to prove that the same belonged to him.…

…in order for it to be proved and failure to bring medical evidence is not fatal to the case and the sentence was well merited.…

…I have considered the grounds of appeal filed by both appellants and the record of the evidence.…

…The complainant did not identify the 1st appellant and the only evidence of the identification of the 1st appellant was that of PW 2 who was an accomplice and also a minor so that his evidence needed corroboration in law…

…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.…

…The petition contained points like the Learned Trial Magistrate did not record all the evidence tendered (this did not come out clearly in Mr.…

…The evidence shows that only P.W.2 saw him cutting down the crops. The others P.W.3 and 4 did not.…

…The prosecution called evidence to show that a handwritten document which was exhibited may have been forged. A copy of the document was in the possession of the appellant.…

…No clear evidence was adduced to show that she either made the document or was party to its making.…

…(xxxiii) THAT the Respondent herein relied on hearsay evidence which he was unable to substantiate during the hearing of the Petition and should now not be allowed to re-open his case by fishing for fresh evidence which was…

…and lay a basis in the Petition and the Affidavit evidence filed in support of the Petition.…

…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.…

…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.…

…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.…

…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.…

…From the evidence of the complainant Patel (PW1) the appellant did not stop at the T-junction as he joined Kilunhga street. It would appear that the appellant was coming from the left-hand side junction.…

…The appellant in his evidence testified that he was on his correct side of the road when the complainant came driving on his wrong side of the road and hit him.We have now examined the evidence on record and it is clear that…

…The learned magistrate considered all the evidence and accepted the evidence of the police officers with regard to finding of rounds of ammunitions in the coat at the house of the appellant.…

…It was not necessary to call the suspects for robbery who pointed out the house of the appellant unless the circumstances so required such evidence.…

…I have considered the evidence on the record and I am satisfied that the appellant was properly convicted.…

…On this evidence the participation in the offence by the appellant is in my view established and I find the conviction proper and it is unheld.…

…The learned judge summed up all the evidence in detail and explained the relevant law to the assessors. He tackled the evidence again in his judgment just as thoroughly.…

…He noted the absence of evidence from anyone who saw these killings so what the republic had put forward amounted to a confession apiece, since retracted, and circumstantial evidence.…

…accident which was adduced in evidence by consent.…

…Such evidence does not tend to show that before the accident the plaintiff was planning a naval career.…