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Division and case type: CriminalCriminal Appeal
…Moreover, the necessity of material corroboration of the evidence of child of tender years is not only emphasized in these cases but is a sine qua non under section 124 of the Evidence Act (cap 80) to conviction of a person…
…The said section 124 reads as follows: “Notwithstanding the provisions of section 19 of the Oaths and Statutory Declaration Act, where evidence of a child of tender years is admitted in accordance with that section on behalf…
Division and case type: CivilCivil Case
…Section 107 of the Evidence Act Cap 80, Law of Kenya provides as follows: “Burden of Proof “107 (1) Whoever desires any court to give judgment as to any legal or liability dependent on the existence of facts which he asserts…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Suit
…the court under section 19 of the Oaths and Statutory Declarations Act, CAP 15, because he does not understand the nature of an oath, then that evidence requires corroboration as a matter of law by virtue of s.124 of the Evidence…
…Act Chapter 80.…