Search court decisions

…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…

…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.…

…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.…

…As regards the evidence in support of the prosecution case the court below relied on the identification of the appellant by both PW 1 and PW 2.…

…The learned trial magistrate considered all the evidence before him and including the appellant’s defence and was satisfied on the basis of that evidence that it was the appellant who snatched the complainant’s property.…

…As regards the evidence in support of the prosecution case the court below relied on the identification of the appellant by both PW 1 and PW 2.…

…The learned trial magistrate considered all the evidence before him and including the appellant’s defence and was satisfied on the basis of that evidence that it was the appellant who snatched the complainant’s property.…

…In fact even where one accused gives evidence on oath such evidence must be regarded with extreme caution when it is to be used against a co-accused.…

…Nevertheless, the evidence against the appellant was overwhelming and when the second accused’s evidence is disregarded he still was correctly convicted on the evidence of recent possession of recently stolen properties and…

…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.…

…Of course apart from the evidence of the respondent, there were also the four medical reports to which we have already referred.…

…It is, however, not suggested in evidence that Dr Kokonya had no basis for starting the respondent on the drugs in the first place.…

…They stated that there was no sufficient evidence to warrant their conviction for robbery with violence.…

…The evidence of PW1 was corroborated by that of PW2 and PW3. There was also the evidence of PW5 even though the P3 Form was filled several days after PW1 was assaulted.…

…Section 47A of the Evidence Act cap 80 Laws of Kenya is clear on the point.…

…Under order VI rule 3 Civil Procedure Rules a party need not plead evidence and under order VI rule 7 a party is at liberty to raise or leave out a point of law in his pleadings.…

…Thus the case for the AFC proceeded on a wholly false premise, one which, indeed, was belied by their own evidence.…

…The learned trial judge clearly misapprehended various aspects of the evidence before him and consequently made wrong findings thereon.…

…All three appellants and their co-accused gave unsworn evidence which corresponded.…

…Secondly, the evidence of the 1st witness, Wilson Ndeda, appears to have no relation to the offence with which the appellants are charged save to prejudice the mind of the court.…

…We are inclined to agree with Mr Otumba’s comments regarding the handwriting evidence.…

…However we are unable to agree with him that there was no evidence supporting that of the complainant.…

…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.…

…That the learned District Magistrate erred in law and in fact in arriving at his judgment without considering and evaluating the evidence tendered by the parties. 3.…

…The trial court did not restate the evidence and Counsel therefore invited this court to find this judgment by the lower court is a nullity.…

…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.…

…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.…