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…in the Kenya Evidence Act have supplanted the previous law on the subject.…

…The first one is (1 KAR 540 at 549): ‘But section 30 of the Indian Evidence Act which corresponds now to section 32(1) of the Evidence Act, Cap 80) merely says that a confession by a co-accused may be “taken into consideration…

…Mr Muhia thereafter referred us to Section 25 and Section 28(b) of the Evidence Act and urges us to uphold his contention that the appellant’s confession could not, in law, be proved against him. 5.…

…That being the case, in the present case, on the basis of Section 28(b) of the Evidence Act, the material statements ought to have been excluded in the consideration whether or not the prosecution had proved the case against…

…As such they could not betaken as evidence against the other, even to the limited extent permitted by section 32 of the Evidence Act (cap 80).…

…Tibanyendela (1948) 15 EACA 111 it was held that extra judicial statements by co-accused which exculpate themselves and implicate one or more of their co-accused are not admissible in evidence under section 30 of the Indian Evidence…

…re-evaluate the entire evidence and find that there was no evidence to convict; by passing a conviction and sentence based on the doctrine of recent possession; by failing to observe the contraventions of section 163(c) of the Evidence…

…Act; by failing to comply with section 169 of the Criminal Procedure Code; by basing conviction and sentence on scanty and flawed prosecution evidence; by failing to observe contravention of section Article 50(1) of the…

…Nor was it permissible under section 57(1) of the Evidence Act (cap 80) to give evidence that the appellant had been convicted of the theft of the car. It proved nothing and was highly prejudicial.…

…A statement made by an agent to a party to a proceeding in terms of section 18(1) of the Evidence Act (cap 80) would be an admission, to the satisfaction of a court.…

…No doubt, this pleading aimed at reliance on section 47A of the Evidence Act (cap 80); but the theft by Moses Aila is not denied as such by the second respondent.…

…The plaintiff alleged that Moses Aila an employee of the second defendant stole the plaintiff’s goods (and his conviction would be conclusive proof under section 47A of the Evidence Act (cap 80)), and that this theft occurred…

…two limbs of Stella’s evidence, namely her alleged recognition of the voice of the appellant and the statement of the deceased which, to have been admissible, would have to fall within the ambit of section 33(a) of the Evidence…

…Act (cap 80) as a dying declaration.…

…In other words, did he have the necessary certificate required by the Firearm Act? The evidence shows that he did not.…

…But he referred us to section 175 of the Evidence Act (cap 80) and submitted that even if the hearsay evidence was excluded, there was enough circumstantial evidence to warrant the conviction of the appellants on the charge…

…In this respect I would refer to ss.13 and 51 of the Evidence Act which read: 13.…

…In proving such African customary law opinion evidence is admissible under s. 51 of the Evidence Act, 1963, and in accordance with s.60 (2) of that Act, it may also be proved by the production of a book or document." 30.…

…It relied on an number of precedents and Section 157 of the Evidence Act.…

…The attack against this finding is threefold: (1) that it contravenes section 100 of the Evidence Act (cap 80) (2)that Gathaya Mwangi did not corroborate Gitonga; (3)it was used by Kimunye Investments Company to try and save…

…The Evidence Act (section 124, cap 80).…

…The Evidence Act (section 124, cap 80).…

…well as the respondent and since the appellants had not consented to his (Mr Mwaura) disclosing their instructions to him, Mr Mwaura could not, therefore, testify and the appellants called in their aid section 134 of the Evidence…

…Act.…

…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…

…The statement was properly admitted at the trial under the provisions of section 33(a) of the Evidence Act (chapter 80) of the Laws of Kenya.…

…This court took the liberty under Section 50 of the Evidence Act to analyze the purported signatures.…

…It is a fact in issue, or explains the Plaintiff’s possession, as an exception to Sec 46 of the Evidence Act (Cap 80).…