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…That he conducted the case without witness statements. 20.…

…The appellant remarked that he did not have copies of witness statements and the case was adjourned to 21/7/2022.…

…The issue of expungement of the witness statement and the police abstract, on 27th January 2023, is a storm in a teacup. In the first place, a witness statement is not a pleading.…

…With these on record, the failure to file a witness statement should not hurt. There is need to avoid elevating witness statements to the level of pleadings and affidavits.…

…Parties were directed to file witness statements together with list of documents. 5. It would appear parties have filed their witness statements.…

…statements. 6.…

…On Grounds 2 and 3 (contradictions, inconsistencies, and trial proceeding without witness statements): The Respondent submitted that the Appellant was supplied with witness statements and evidence in advance, in line with…

…The Respondent noted that the Appellant first denied having witnesses’ statements but later confirmed he had two witness statements (Page 5, lines 3-5), and that the hearing proceeded on the basis of this confirmation, with…

…On Grounds 2 and 3 (contradictions, inconsistencies, and trial proceeding without witness statements): The Respondent submitted that the Appellant was supplied with witness statements and evidence in advance, in line with…

…The Respondent noted that the Appellant first denied having witnesses statements but later confirmed he had two witness statements (Page 5, lines 3-5), and that the hearing proceeded on the basis of this confirmation, with…

…Nzioka J on 29th April 2020 (the 2020 ruling) granting the plaintiffs leave to amend their plaint as well as substitute their witness statements. 4.…

…These allegations had either been moved to or retained in the 2nd and 3rd witness statements. 6.…

…Mengitch had not filed their statements, witness statements and documents. the record shows that they were granted leave to do so before the hearing started.…

…Saluny to file the 5th Defendant’s statement, witness statements and documents out of time.…

…It is the Appellants’ case that after he took plea on 28th October 2019 there was no order for witness statements to be availed to the accused. 6.…

…After plea there was no application for him to be supplied with witness statements. 68.…

…The appellant complained that he was not furnished with witness statements and other documentary evidence by the prosecution.…

…Our courts have held that the right includes the right to receive a copy of the charge sheet and witness statements.…

…In summary the applicants’ case is that vide a ruling dated 29th April 2020, the applicants were granted leave to file a further amended plaint and substituted witness statements.…

…The plaintiffs are hereby granted leave to amend, file and serve their further amended plaint and amended witness statement within five (5) days from the date of this ruling.…

…On the second ground the appellant submits that he was not accorded witness statements.…

…The court must go further and determine whether lack of witness statements was prejudicial to the appellant in the circumstances of the case.”…

…The petitioner seeks for a declaration that the respondents’ refusal to supply him with witness statements of the complainant who is his partner in the law firm and the statements of other witnesses and the documents presented…

…That the said Robert Kipsum showed the petitioner two witness statements filed by the complainant and their other partner Mr.…

…The Appellant further submitted that the trial was unfair owing to alleged non-disclosure of witness statements and documentary exhibits.…

…The court record shows that on 13th July 2020 the trial court ordered that the Appellant be supplied with witness statements.…

…Waithira deposed that she served the respondent with a list of witnesses and witness statements on 3rd September 2024 which was outside the time earlier limited by the court.…

…On 5th September 2024 when the case was apparently fixed for hearing, she applied to have the list of witnesses and witness statements admitted out of time and that the witnesses who were present in court be allowed to testify…

…By the said application the appellant was seeking leave to file a supplementary list of witnesses, witness statements and that the annexed draft supplementary list of witnesses together with the statements be deemed as duly…

…statements by the appellant.…

…Also, that the respondent’s (the Commissioner) witness statement was on record.…

…They were directed to file witness statements first. The appellant (Ur Homes) did not comply with the Tribunal’s directions to file witness statements. The respondent filed its witness statements as indicated above. 34.…

…I do not think that witness statements especially where they give different versions of events are in the category of those contemplated in the Section.…

…A witness statement is not an exhibit neither is it a document that a court should give any probative value unless the same is adopted on oath.…

…statements and documentary evidence out of time, and permitting them to adduce additional evidence.…

…In support of the application, counsel relied on Richard Toroitich v Mike K Lelmet & 3 others [2018] KEELC 3870 (KLR) where the Court allowed the filing of additional documents and witness statements out of time, holding…

…, witness statements and documentary evidence out of time, and costs of the application. 2.…

…He explains that counsel neither attended court nor filed his witness statements and documentary evidence despite his instructions.…