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 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: 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: 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
…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 no evidence that the counting was in James’ presence.…
…There was evidence that the lavatory was near a common path to and from the house of Philip.…
Division and case type: CriminalCriminal Appeal
….………..RESPONDENT JUDGMENT The sole question of law in this appeal is whether the decision of the judge to invoke section 166(1) and (2) of the Criminal Procedure Code is warranted on the evidence.…
…Mr Aminga urged that that particular evidence was within the province of the defence and that if the defence had had the opportunity to lead medical evidence, the defence would have demonstrated that there were no chances…
Division and case type: CriminalCriminal Appeal
…He accepted the evidence adduced by the prosecution witnesses in full.…
…then hear the accused and his witnesses and other evidence if (any).”…
Division and case type: CivilCivil Appeal
…Evidence is not to be pleaded.…
…The previous driver who had the car since morning is unknown and as such did not give evidence. The evidence of the plaintiff has been corroborated by the two defence witness.…
Division and case type: CriminalCriminal Appeal
…His conviction depended upon two strands of evidence; first, the identification by the sole evidence of the complainant, and secondly the appellant’s possession of a stolen car two days after the incident in the area of Nairobi…
…Whether that is possible, depends upon clear evidence of identification apart from the parade.…
Division and case type: CriminalCriminal Case
…There is therefore absolutely no evidence or prima facie evidence linking the 2nd accused to the death of the deceased. In the circumstances he cannot be called upon to defend himself.…
…All the police officers who testified in this trial did not confirm the evidence that they were given the description of the attackers.…