[1990] KEHC 83 (KLR)

[1990] KEHC 83 (KLR)

The High Court found that the prosecution failed to prove its case beyond reasonable doubt. The originals of the receipts were not always available, but even where they were, there was no evidence that the appellants had exclusive possession of the receipts or were the ones who collected the money on the material dates. The evidence of the document examiner was not sufficiently linked to the appellants, and the witnesses who claimed familiarity with the handwriting were not experts and could not conclusively identify the writers. The prosecution did not call the payers of the money or provide clear evidence of the prescribed fees for each transaction. The circumstantial evidence relied...

Citation
[1990] KEHC 83 (KLR)
Parties
Appellant: Samson Gari; Appellant: Isaiah Kipkemoi Cheruiyot; Appellant: Zadock Erude Keya; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
30 November 1990
Case Number
? 235,236,238 of 1990
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeals allowed, convictions and sentences quashed
Legal Topics
Fraudulent False Accounting, Stealing by Public Officer, Admissibility of Evidence, Secondary Evidence, Expert Evidence, Burden of Proof
Source Language
English
Criminal Law Civil Procedure Fraudulent False Accounting Stealing by Public Officer Admissibility of Evidence Secondary Evidence Expert Evidence Burden of Proof

Case Brief

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Parties

Samson Gari

Appellant

Isaiah Kipkemoi Cheruiyot

Appellant

Zadock Erude Keya

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in admitting copies of receipts as secondary evidence without proper notice under section 69 of the Evidence Act.
  2. 2 Whether the evidence of the document examiner and handwriting expert was properly relied upon by the trial court.
  3. 3 Whether there was sufficient evidence to prove the offences of fraudulent false accounting and stealing by a person employed in the public service against the appellants.

Ratio Decidendi

The High Court found that the prosecution failed to prove its case beyond reasonable doubt. The originals of the receipts were not always available, but even where they were, there was no evidence that the appellants had exclusive possession of the receipts or were the ones who collected the money on the material dates. The evidence of the document examiner was not sufficiently linked to the appellants, and the witnesses who claimed familiarity with the handwriting were not experts and could not conclusively identify the writers. The prosecution did not call the payers of the money or provide clear evidence of the prescribed fees for each transaction. The circumstantial evidence relied...

Court Disposition

appeals allowed, convictions and sentences quashed

Orders

  • The conviction of each appellant on each count is quashed.
  • The sentences against each appellant are set aside.