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…It is said that S 57 (1) of the Evidence Act allows evidence to be admitted that the accused person has committed or been convicted of or charged with any offence other than that with which he is then charged or is of bad…

…In consideration of conviction, the allegation without more that other offences have been committed, even if admissible under the Evidence Act, would be more prejudicial to the accused than probative, and should be excluded…

…If that is so then their evidence requires corroboration by law (section 124 Evidence Act), and they cannot therefore corroborate each other. For that reason only the conviction cannot be sustained.…

…A 47A of the Evidence Act) Inthis case, there is no evidence that the driver was convicted. All plaintiffstated is that the driver was prosecuted. He does not say in which trafficcase and the result of the prosecution.…

…Mr Chunga in particular referred to paragraphs 4, 5 and 6 of the affidavit as being totally hearsay, the Court does not act upon hearsay evidence he said.…

…The definition of fact (in the Evidence Act) does not restrict a fact to something which can be exhibited as a material object.…

…Mr Chunga in particular referred to paragraphs 4, 5 and 6 of the affidavit as being totally hearsay, the Court does not act upon hearsay evidence he said.…

…The definition of fact (in the Evidence Act) does not restrict a fact to something which can be exhibited as a material object.…

…It was submitted by counsel for the appellant that these witnesses (PW6 and PW7) were accomplices and it was not safe to convict on their evidence without the necessary caution or to act on such evidence without corroboration…

…found their evidence as falling within the rare exception where the accomplice evidence is exceptionally cogent and credit worthy, in which case it would be safe to convict without corroboration (see section 141 of the Evidence…

…In accordance with Section 112 of the Evidence Act, the burden was upon the appellant to establish the alleged limitation of the policy. The appellant failed in discharging this burden.…

…The onus of proof as stipulated in section 107,108 of the Evidence Act cap 80 Laws of Kenya and as set out in the case of Ernest Kinyanjui Kimani v Muiru Gikanga and another [1965] EA 735 is on the plaintiffs to prove their…

…It is true that in certain circumstances evidence of surrounding circumstances may be admissible in order to interpret a document (see section 29 proviso (6) of the Evidence Act) but in no case is evidence of prior negotiations…

…Whether or not she was married according to customary law to Kituu was a matter which was especially within their knowledge so under sections 107, 108 and 112 of the Evidence Act (cap 80) the burden of proving the facts which…

…Chemists personnel, who handled various exhibits discovered in the store, which were analyzed and the report of the Government Chemist who is abroad and may not return until the end of the year, was produced under s 77 of the Evidence…

…Act, upon Mr Ghalia for the accused indicating that he did not object to production of such exhibits.…

…Chemists personnel, who handled various exhibits discovered in the store, which were analyzed and the report of the Government Chemist who is abroad and may not return until the end of the year, was produced under s 77 of the Evidence…

…Act, upon Mr Ghalia for the accused indicating that he did not object to production of such exhibits.…