Law_of_Evidence_in_Kenya

accused had been charged for indecent assault under s 144 of the penal code. The conviction was
based on the evidence of doctor who filled a P3 form but was not called to testify as a
corroboration of witness‟ evidence. The court of appeal quashed the conviction has the evidence
that was relied upon as corroboration was itself in doubt as it was simple hearsay. The case of R
v Christie the judge rejected the idea that information given by boy to police and mother could
corroborate the boy‟s evidence. The other rule that has been created is that the person
corroborating must not be one that his evidence also need to be corroborated like two minors
who 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 of
mutual corroboration the first witness may corroborate the next witness and the next witness may
corroborate the first witness too, therefore it is not obvious that it comes after the main evidence.
4.0 WHAT CAN CONSTITUTE CORROBORATION
Any 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 In
Ali v Republic (2008) 1KLR (G&F) it was held the commission of a sexual offence can be
properly corroborated by circumstantial evidence. The absence of medical evidence to support
the fact of rape is not decisive as the fact of rape can be proved by the oral evidence of a victim
of rape or by circumstantial evidence. Corroboration can also result from the conduct of the
accused himself.
Silence can amount to corroboration in some cases. This is mainly at the discretion of the court
but not so common but it will rarely occur and may result to miscarriage of justice. The accused
has the right to remain silent, and not to testify during proceedings. 14 Instead of being used as
corroboration 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 as
lied and it comes clear later can it be used against him. In R v chapman it was held that lies could
amount to corroboration. “Corroboration may well be found in the evidence of the accused
13 [1964] EA 129
14 Article 50 (2)(i) Constitution of Kenya 2010