Illegally obtained evidence in kenya

The issue has to be looked at in two ways 1. On the other hand, Mr. In determining whether entrapment occurred, the learned judge observed that it is important to analyze and scrutinize how much and what manner of persuasion, pressure and cajoling was brought to bear by the law enforcement agent to induce persons to commit a crime.

He was stopped at a roadblock, a police constable stopped him and on searching him found him with the two rounds of ammunition and a penknife.

Illegally obtained evidence in kenya form of balancing test is the only way to meet the competing policy concerns involved. The decision was inconsistent with the new constitution particularly sections 10 and 12 of the Schedule.

Evidence which is relevant to a fact in issue is relevant no matter how it was obtained. Sharing of offices with non-advocates constitutes an offence.

The position seems to be that the end justifies the means. One of the appeals was lodged by an entity which had not been a party to the proceedings in the High Court on the ground that the entity was directly affected by the decision of the High Court and that the Constitution entitled it to file the appeal.

The facts of this petition are that around mid Marchone Jeremiah Kaluma Buchianga, an investigator at the Kenya Anti-Corruption Commission KACC and therefore a state agent, had been assigned to investigate an alleged grabbing of a piece of land LR.

The court held that there was no way of interfering with the way in which the court exercised its discretion and the court went further to say that this was not a case in which evidence had been obtained by conduct which was reprehensible insinuating that if the conduct had been irreprehensible the court would have allowed the appeal.

Such a factor may however be considered in mitigating the sentence imposed on the accused. Buchianga in detail in order to understand and determine the issue in dispute, Justice Warsame concluded that Mr.

1 Discretionary and Mandatory Exclusions

It was not made clear to him that the doctor would enquire on whether he was fit to drive. There are many forms of professional misconduct but I will highlight the most serious among them. Mule, the State counsel, contented that Mr. If it is, it is admissible and the court is not concerned with how the evidence was obtained.

The legal profession is not a business entity but a profession dedicated to public service. Is this a good way to view evidence in light of sometimes the excesses that police can be prone to? The order of the High Court providing that the general elections could be held in the year within 60 days from the date on which the National Coalition is dissolved by written agreement between the President and the Prime Minister in accordance with section 6 b of the Accord was set aside.

Nur arrived at the scene and allegedly gave a brown A4 size envelope which contained Kshs. The nature of the offence is only one of the factors which the court is to take into account in the exercise of this discretion.

The court should have excluded the evidence found on his person because the evidence was unfair to him.

It could also be evidence obtained in breach of other statutes A common way in which evidence is obtained illegally is through illegal searches and illegal seizures e.

The court must refuse to convict an entrapped person not because his conduct falls outside the proscription of the statute but because even if his guilt is admitted, the methods and manner employed on behalf of the State to bring about the evidence cannot be countenanced.Admissibility Of Illegally Obtained Evidence In A Civil Case Follow this and additional works Part of theCivil Procedure Commons, and theEvidence Commons This Comment is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law.

The Exclusion of Illegally Obtained Evidence: A Study Pape r prepared by the Law of Evidence Project Author: Law Reform Commission of Canada Created Date. Kenya Law / Blog / Case Summary: Evidence Obtained Through Entrapment By State Agents Is Illegal And Thus Inadmissible In A Criminal Case.

Evidence Obtained Through Entrapment By State Agents Is Illegal And Thus Inadmissible In A Criminal Case. EVIDENCE LAW 6 Pages. Having inherited a common law legal tradition from Britain, the rule in Kenya has been that illegally obtained evidence as a general rule is admissible so long as it is relevant with introduction of article (50)4 of the constitution of Kenya and decided cased coming after the promulgation of constitution of.

East Africa {Kenya)—Criminal Law—Evidence—Illegally obtained— Test of admissibility — Relevance to matters in issue — Principle applicable in both civil and criminal cases — Rule as to admissibility.

THE ADMISSIBILITY OF EVIDENCE OBTAINED ILLEGALLY: A COMPARATIVE ANALYSIS G. L. Peiris* I. INTRODUCTION The principles governing the admissibility of illegally-obtained.

Illegally obtained evidence in kenya
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