Law_of_Evidence_in_Kenya
jury to consider the complaint‟s visible. A different result was reached in the case of R vRedpath 8 Lord Parker C.J pointed out that in some cases for example where the distress is nomore than part and parcel of a recent complaint made by a girl to her mother, the jury should bedirected to attach little or no weight to it. Indeed it is submitted that such a case, even where thedistress is witnessed by an independent person, the evidence lacks the quality of independencenecessary for potentially corroborative evidence and should be left to the jury as such. Thegeneral feeling about independent observer is that it is not admissible as corroboration since itdoes not implicate the accused and the few cases are exceptions3.2 Corroboration must implicate the accused.The evidence must clearly link the accused with the crime but not that such an act occurred.Some evidence may be given that shows the act happened but does not link accused with such anact. This is what is called material particular; a fact which in the circumstances of the case andthe issue raised in it, is material to the guilt or innocence of the accused of the offence charged.Olaleye V. State (1970) 1ALL NLR 300 In that case, a man rape a girl of 14 years the girl wasexamine and was found to have the same gonorrhea found in the man accused of the rape. Thejudge held that the presence of the same type of gonorrhea in the girl is enough as circumstantialcorroborative evidence. 9 The evidence in this case connects the accused with the act. R vOgendo 10 the accused also raped a girl and the medical evidence showed that the accusedsuffered from same sexually transmitted infection as victim. This was held to be corroborating.3.3 Corroborating and evidence to be corroborated evidence must be credible.The evidence produced for corroboration should be relevant and admissible for it to support theevidence to be corroborated, any evidence that is that is not relevant and admissible will notcorroborate. Republic v Jipkering arap kegey 11 it was held, no amount of corroboration canrender an incredible evidence credible, it does not matter the amount of evidence the D.P.P,plaintiff or Defence produces but the relevance of such is that that matters. B.K v Republic 12 the8 (1962)46 Cr APP R 319,3129 Critical Analysis of Corroboration under the Nigerian Law of Evidence by Kareem Rasheedat Temitope10 (1940) 10 KLR 2511 O.C.K and company advocates on corroborating evidence at www.ockadvocates.com/2013/04/corroborationof-witnessesewvidence-law-ii/12 Cr App no 104 (200) H.C Cr App no 197 (1999) eKLR
accused had been charged for indecent assault under s 144 of the penal code. The conviction wasbased on the evidence of doctor who filled a P3 form but was not called to testify as acorroboration of witness‟ evidence. The court of appeal quashed the conviction has the evidencethat was relied upon as corroboration was itself in doubt as it was simple hearsay. The case of Rv Christie the judge rejected the idea that information given by boy to police and mother couldcorroborate the boy‟s evidence. The other rule that has been created is that the personcorroborating must not be one that his evidence also need to be corroborated like two minorswho don‟t understand the implication of oath cannot corroborate.3.4 It confirms or supports the evidence given or that will be given.Corroboration supports the evidence that is given or that will be given. For example in cases ofmutual corroboration the first witness may corroborate the next witness and the next witness maycorroborate the first witness too, therefore it is not obvious that it comes after the main evidence.4.0 WHAT CAN CONSTITUTE CORROBORATIONAny kind of evidence which qualify above essentials can be a corroborating evidence.Corroboration can be done through circumstantial evidence case of Ongweya v. Republic. 13 InAli v Republic (2008) 1KLR (G&F) it was held the commission of a sexual offence can beproperly corroborated by circumstantial evidence. The absence of medical evidence to supportthe fact of rape is not decisive as the fact of rape can be proved by the oral evidence of a victimof rape or by circumstantial evidence. Corroboration can also result from the conduct of theaccused himself.Silence can amount to corroboration in some cases. This is mainly at the discretion of the courtbut not so common but it will rarely occur and may result to miscarriage of justice. The accusedhas the right to remain silent, and not to testify during proceedings. 14 Instead of being used ascorroboration it has been considered to be against the party who does not talk in that case.It has been a question as to whether lies constitute corroboration, when the accused person aslied and it comes clear later can it be used against him. In R v chapman it was held that lies couldamount to corroboration. “Corroboration may well be found in the evidence of the accused13 [1964] EA 12914 Article 50 (2)(i) Constitution of Kenya 2010
- Page 1 and 2: CORROBORATION1.0 OVERVIEWCorroborat
- Page 3: The definition above confines corro
- Page 7 and 8: IDENTIFICATION CASES; this is where
- Page 9 and 10: tribunals are, with rare exceptions
- Page 11 and 12: 8.3 Where corroboration is not requ
- Page 13 and 14: given before the court was not enou
- Page 15 and 16: Sexual Offences Act No 3 of 2006G.B
- Page 17 and 18: Character Evidence in Kenyan LawThe
- Page 19 and 20: evidence of a fact or directly rele
- Page 21 and 22: person can be questioned on his pre
- Page 23 and 24: offence with which the defendant is
- Page 25 and 26: OPINION EVIDENCEAn opinion is a vie
- Page 27 and 28: some professional or technical matt
- Page 29 and 30: Experts are brought by the parties
- Page 31 and 32: Opinion evidence is not binding to
- Page 33 and 34: Section 50 (1) of the Evidence Act
- Page 36: REFERENCESAllen, C. (2008). Practic
jury to consider the complaint‟s visible. A different result was reached in the case of R v
Redpath 8 Lord Parker C.J pointed out that in some cases for example where the distress is no
more than part and parcel of a recent complaint made by a girl to her mother, the jury should be
directed to attach little or no weight to it. Indeed it is submitted that such a case, even where the
distress is witnessed by an independent person, the evidence lacks the quality of independence
necessary for potentially corroborative evidence and should be left to the jury as such. The
general feeling about independent observer is that it is not admissible as corroboration since it
does not implicate the accused and the few cases are exceptions
3.2 Corroboration must implicate the accused.
The evidence must clearly link the accused with the crime but not that such an act occurred.
Some evidence may be given that shows the act happened but does not link accused with such an
act. This is what is called material particular; a fact which in the circumstances of the case and
the issue raised in it, is material to the guilt or innocence of the accused of the offence charged.
Olaleye V. State (1970) 1ALL NLR 300 In that case, a man rape a girl of 14 years the girl was
examine and was found to have the same gonorrhea found in the man accused of the rape. The
judge held that the presence of the same type of gonorrhea in the girl is enough as circumstantial
corroborative evidence. 9 The evidence in this case connects the accused with the act. R v
Ogendo 10 the accused also raped a girl and the medical evidence showed that the accused
suffered from same sexually transmitted infection as victim. This was held to be corroborating.
3.3 Corroborating and evidence to be corroborated evidence must be credible.
The evidence produced for corroboration should be relevant and admissible for it to support the
evidence to be corroborated, any evidence that is that is not relevant and admissible will not
corroborate. Republic v Jipkering arap kegey 11 it was held, no amount of corroboration can
render an incredible evidence credible, it does not matter the amount of evidence the D.P.P,
plaintiff or Defence produces but the relevance of such is that that matters. B.K v Republic 12 the
8 (1962)46 Cr APP R 319,312
9 Critical Analysis of Corroboration under the Nigerian Law of Evidence by Kareem Rasheedat Temitope
10 (1940) 10 KLR 25
11 O.C.K and company advocates on corroborating evidence at www.ockadvocates.com/2013/04/corroborationof-witnessesewvidence-law-ii/
12 Cr App no 104 (200) H.C Cr App no 197 (1999) eKLR
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