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…Where a document contains an admission there is provision under Section 23 of the Evidence Act Cap 80 which states: “In all civil cases no admission may be approved if it is made either upon an express condition that evidence…

…I cannot say in the circumstances of the case that there was protection under Section 23 of the Evidence Act. The letter was written in response to a demand notice before action for a specied amount money.…

…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…

…Evidence Act (cap 80) section 124 January 17, 1991, Wambilyangah Ag J delivered the following Judgment.…

…that the girl in question was only 13 years, (see the P3 form) and where her obvious appearance or physical stature warranted the learned magistrate to treat her as a child of tender years as required by section 124 of the Evidence…

…Act that qualifies treatment of a suspect.…

…Our S.141 of Evidence Act says:- "An accomplice shall be a competent witness against an accused person and a conviction shall not be illegal merely because it proceeds upon the uncorroborated evidence of an accomplice", So…

…Act that qualifies treatment of a suspect.…

…Our S.141 of Evidence Act says:- "An accomplice shall be a competent witness against an accused person and a conviction shall not be illegal merely because it proceeds upon the uncorroborated evidence of an accomplice", So…

…Section 176 of the Evidence Act provides:- “Subject to this Chapter a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters transaction and…

…Mr Mburu’s second argument was that the doctrine has no legal sanction particularly in the Evidence Act, Cap 80 Laws of Kenya. Mr Mburu’s attention must have escaped the provisions of S 23 of the Act.…

…This is not only logical and circumstantially necessary but would also lay the foundation required to have the report sensibly produced under section 77 of the Evidence Act as it would finally turn out.…

…This court has therefore to assume in favour of the prosecution that it was so produced under section 77 of the Evidence Act. But as I said in answer to a similar issue in Mombasa HCCR.A.…

…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…

…Cap 15 and S.124 of Evidence Act deal withChildren's evidence under our statute law.…

…In order to prove that a theft had occurred, all the Plaintiffrequired to do is to produce the lower court file under section 34 of the Evidence Act.…

…It is a presumption of fact arising under section 119 of the Evidence Act, Cap 80 Laws of Kenya which provides: “The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to…

…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.…

…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 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 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 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.…

…implicating unequivocally both himself and B, that confession is admissible and may be taken into consideration as against B as well as against A, subject, of course, to the conditions as to admissibility contained in the Evidence…

…Act.…