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Kenyan Wakili.
Registrace 23. 09. 2021
Contact me for Academic writing tasks - 0113154708
Moot Court: Carbon credit Projects in Kenya.
Moot Court: Carbon credit Projects in Kenya.
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Video
Case File 001- Murder behind Bars .
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Murder Behind Bars - Original case file No. 17 of 2015 . (unreported)
Case Files .
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This week we will highlight a Murder that occurred within a Kenyan Maximum Prison.
NOTICE OF MOTION / Certificate of Urgency and Supporting Affidavit
zhlédnutí 1,3KPřed rokem
Legal Documents.
BEST EVIDENCE RULE - Evidence Law
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The origin of the rule, The application to Kenya Laws, The difference between primary and Secondary Documentary Evidence
OWNERSHIP Vs POSSESSION - Application in Adverse possession
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Property & Land law
SPECIFIC PERFORMANCE - Court Remedies
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A Kenyan Perspective. Lets analyze the principles that must be met for specific performance to be granted.
INJUNCTION REMEDY - Court Remedies
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A Kenyan perspective when it comes to injunctions. The landmark case of Giella vs Cassman Brown also analyzed.
HISTORY OF AGRICULTURE POLICIES in Kenya
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HISTORY OF AGRICULTURE POLICIES in Kenya
BREAK UP , DISSOLUTION & WINDING UP of a Partnership in Kenya
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BREAK UP , DISSOLUTION & WINDING UP of a Partnership in Kenya
COMPETENCY OF PARTIES & SPOUSES -Evidence Law
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COMPETENCY OF PARTIES & SPOUSES -Evidence Law
FORMATION & REGISTRATION of a Co-operative Society
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FORMATION & REGISTRATION of a Co-operative Society
PROVOCATION & SELF DEFENCE in Murder cases
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PROVOCATION & SELF DEFENCE in Murder cases
ELEMENTS OF ASSAULT in Criminal Law - Kenya
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ELEMENTS OF ASSAULT in Criminal Law - Kenya
STRICT LIABILITY in Criminal Cases in Kenya
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STRICT LIABILITY in Criminal Cases in Kenya
LGBTQ in Kenya- Registration and Morality
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LGBTQ in Kenya- Registration and Morality
FUNCTIONS OF KALRO Agriculture Law Kenya
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FUNCTIONS OF KALRO Agriculture Law Kenya
LIQUIDATION OF A COMPANY & LLP Partnership in Kenya
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LIQUIDATION OF A COMPANY & LLP Partnership in Kenya
Good work though some presenters weren't audible enough
Thank you so much for this🙏very helpful 💯
R vs Abdoifadhi &others (2019)
Sawa Vicky team chano
This was very helpfulll .Do criminal law
The case law on Virginia was really helpful 💯💯🤝
couldve done better than this . maybe do it alone next time
ntumie izi notes
This is so informative
What's the case again ?the one you are laying reference to in the video
After the lecturers comment and a rebuttal from the petitioners, the Amendment Bill was assented into law in 15th September this year. However in my written submissions at the time the project was being conducted there was no legal framework governing the issuance of an EISA as a mandatory requirement. Now in the new climate change Act (Amendment). It is a mandatory procedure under section 23D.
Top 👍👍👍, i still suggest that you use your voice in English rather than AI voice, but this is good work 👍
Thank you bro
I think everything is fine, but i would encourage you to use English all through, this might boost your audience by much since this is an academic based channel
Impressive
wakili community Forum , make efforts to work with the judiciary in Chuka region too, Good initiative there
That is not all. Section 106B (4) requires a certificate; a) identifying the electronic record containing the statement and describing the manner in which it was produced; b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer; and There is also a requirement that the certificate must be signed by the person occupying a responsible position in relation to the operation of the relevant device
Can I have the cooperatives Act plz nice work btw
The Partnership Act No. 16 of 2012 in Section 12 on -share of profits and losses , we encounter more liabilities : (1) A partner is entitled to share equally in the profits of the partnership and is liable to contribute equally towards the losses incurred by the partnership in equal proportions. (2) A partner is not entitled to a share in the profits of the partnership, and is not liable to contribute to any losses incurred by the partnership, before he became a partner. (3) The estate of a partner who dies is liable for debts and obligations incurred by the partnership after becoming partner.
thank you ...very helpful
Thank you Nassie
Salient analysis Mr Einstein 🤝😎💯
Asante Bro for support
Before you decide whether Mens Rea is a subjective or Objective Test , you must first note the following : Subjective mens rea operates as a doctrine that prevents the conviction of an accused who, for whatever reason, does not have the knowledge and foresight that a reasonable person would have. It operates to protect those who because of impaired reasoning or lack of thought do not recognize or intend what may be obvious to the reasonable ob-server. The function of subjective mens rea is "to prevent the conviction of the morally innocent - those who do not understand or intend the consequences of their acts. To satisfy the subjective mens rea, the prosecution must prove that the defendant intended the result or foresaw a risk of the natural consequence. Objective mens rea questions what would have been in the mind of a reasonable person. The objective mens rea makes it harder for people to avoid being convicted of a crime by simply saying they didn’t intend to perform such act. The objective mens rea digs deeper into the extenuating circumstances as well as evidence surrounding the defendant at the time the act was being performed. Objective mens rea expresses the conduct of the defendant as being lower than the standards of expected behaviour from a reasonable person in that situation . Exam Scenario - proceed to give the forms/ types discussed in this video as they form the Subjective Test of the Mens Rea . Under subjective Test , continue to also give examples of Insanity , Intoxication and Provocation.
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According to the Land Titles Cap.282 ( an Act that was later repealed by LRA Act of 2012) Section 3 had provided that - “encumbrance” means any charge on immovable property created for the purposes of securing the payment of an annuity or sum of money other than a loan; An annuity is an investment option that can provide a guaranteed income for an individual or their spouse throughout their retirement. They are purchased for a set period and payout a specific amount in retirement based on the investment strategy and amount invested. However, Annuities can be a poor investment for many people. The main drawbacks are the long-term contract, loss of control over your investment, low or no interest earned, and high fees
💪💪💪💪💪🌟
Great content brother!!!!!💪🌟🎀
Thank you bro
Found it helpful!!!!. thats great brother... Superb work. Thanks.
Asante
The Court of Appeal in Kisumu Civ App. No. 110 of 2016 Richard Wefwafwa Songoi v Ben Munyifwa Songoi [2020] eKLR opined that a person claiming adverse possession must establish the following (a) On what date he came into possession. (b) What was the nature of his possession? (c) Whether the fact of his possession was known to the other party. (d) For how long his possession has continued and (e) That the possession was open and undisturbed for the requisite 12 years
A Kenyan Perspective. Lord Tucker once said : ''The order for specific performance often falls into two parts. The first can be of a declaratory nature and the second contain consequential directions''
Section 32 of the Limitation Actions Act, Chapter 22 Laws of Kenya, provides for various ways of acquisition of Easements in Kenya, Means by which easements may be acquired (1) Where- (a) the access and use of light or air to and for any building have been enjoyed with the building as an easement; or (b) any way or watercourse, or the use of any water, has been enjoyed as an easement; or (c) any other easement has been enjoyed peaceably and openly as of right, and without interruption, for twenty years, the right to such access and use of light or air, or to such way or watercourse or use of water, or to such other easement, is absolute and indefeasible.
Nice
Thank you Nassie
Your subscription will enable me to get the funds for a good quality camera , thank you😍
😂😂 Ibrah can repair broken eggs " i have the cases wiih 🤣''
Quite informative ..... how can one enroll to your online live sessions?
Hi Roxana thank you , inbox ngaruiavictor@gmail.com for links
*Heading for part 1:01 * Both Actus Reus & Mens Rea are required for the offence charged...
Comments on Confessions against co-accused, that is when more than one person is being tried jointed with other persons, and one of the persons makes a confession affecting himself and the rest, the court may admit such a confession against the co-accused.
Thank you alot
@@vikynstain answe my above questions
@@victorkapkoriosmoi5462 whether the evidence of an accomplice can implicate another co-accussed person , the answer is yes under section 141 of the Evidence Act. He is deemed to be Competent. However , you can challenge what the accomplice is saying against you under section 57 (2) c that talks on character , e.g Huyu husema uongo this is the evidence
In Kasule v. Uganda, the accused retracted his confession. The court held that a ‘trial within a trial’ should have been made to establish the truth within the confession and that the retracted confessions should be corroborated with other evidence. In Amos Birunge v. Uganda, the court established that, “when the admissibility of an extra judicial statement or Confession is challenged, the accused must be given a chance to establish by evidence his/her grounds of objection through a trial within a trial”. The courted pointed out that, the purpose of a trial within a trial is to decide upon the evidence of both sides whether the confession should be admitted or not”.
Wow , informative bro
In Tuwamoi v. Uganda the court distinguished between ‘Repudiated’ and ‘Retracted’ confessions. The court stated that; “Repudiated confessions happen when the accused denies having made the statement while Retracted confessions happen when the accused admits making the statement, and then wishes to challenge the truthfulness of the statement he or she already made”.
Your argument is impressive, articulate, and persuasive. The delivery shows confidence and a well-researched presentation. You have presented the case with clarity and passion, supporting your points with compelling evidence and sound reasoning. Simply work on your language consistency; this will make you more in control and able to pursue your audience with a sense of focus and solemnity on the subject. This is absolutely insightful for a start!! # BRAVO YOUNG COUNSELS
Asante
What are the main procedure for recording confessions in kenya?
Admissibility of confessions is provided in Section 25A of the Evidence Act. provides as follows: “(1) A confession or any admission of a fact tending to the proof of guilt made by an accused person is not admissible and shall not be proved as against such person unless it is made in court before a judge, a magistrate or before a police officer (other than the investigating officer), being an officer not below the rank of Chief Inspector of Police, and a third party of the person’s choice. Further, the Confessions Rules require the Accused Person to be informed of the option to record his own statement in his preferred language or to have it recorded for him (Rule 7); the option to clarify or add anything in the statement after the same has been recorded (Rule 8) and the requirement to administer a caution before recording the statement (Rule 5).
My current section 25 A reads a police officer of the rank of IP [inspector of Polic] kindly confirm if that is the case.
A Question for you: How do courts handle repudiated and retracted confessions in kenya?
First i found it trivial to show the differece between the two words before making my submission , One must note that The basic difference is, that a retracted statement occurs when the accused person admits that he made the statement recorded but now seeks to recant, to take back what he said, generally on the ground that he had been forced or induced to make the statement, in other words, that the statement was not a voluntary one. On the other hand a repudiated statement is one which the accused person avers he never made. The first reported decision in East Africa relating to retracted confessions appears to have been in (R v Muthiwa (1935), where the court said that “The evidentiary value of a retracted confession is very little and it is a rule of practice, as also a rule of prudence, that it is not safe to act on a retracted confession of an accused person unless it is corroborated in material particulars”. The present rule then as applied in East Africa in regard to a retracted confession, is that as a matter of practice or prudence the trial court should direct itself that it is dangerous to act upon a statement which has been retracted in the absence of corroboration in some material particular, but that the Court might do so if it is fully satisfied in the circumstances of the case that the confession must be true. Aswas held in the case of Kamau v R [1965] EA 501 this Court set out the rule as at present applied by this Court to a retracted confession
@@vikynstain what are the legal Implications of retracting a confessions and admissions?
3. Threats General rule: “A confession made by a person while being threatened to make it is NOT VALID and therefore not admissible”. Test for confessions made under threats: “There must be a causal link between the threat and confession.” “The nature of the threat is not judged on the virtue of the person who made it, it is judged whether the accused person could reasonably have interpreted it as a threat”. In Mwangi s/o Njorege v. R, the police officer said to the accused that, “You had better think whether you are going to tell me or not”. The accused after hearing this made a statement immediately. The court held that this was inadmissible since the words made by the police officer were an ‘implied threat’. In this case, we can see that there was a causal link between the police officer’s threatening statements and the accused’s confession.
Very informative Bro
2. Inducements General rule: “A confession made by a person while being induced to make it is NOT VALID and therefore not admissible.” Test for confessions made under inducements: “There must be a causal link between the inducement and confession made”. In R v. Okello, the accused was having sex with the deceased lady on a tree. The lady fell off the tree and died. The accused was arrested and told to confess so as his punishment could be reduced. The accused did so. The court held that the confession made by the accused was not valid because it was made after the accused was induced to make it with a promise that his punishment was going to be reduced.
wow
What amount to valid confession? 1. Voluntariliness General rule: “No statement by an accused person is admissible in evidence against him or her unless it is shown that the statement was a voluntary statement made by the accused.” Involuntary admissions are not admissible”. In Abasi Kanyike v. Uganda, the court held that the voluntariness of a confession can be analysed at the trial and it must be left to the court to entirely form its own opinion as to whether an inducement, threat or promise held out in any particular case was sufficient to lead the person to suppose that he would gain an advantage of a temporal nature.
Comment on the test of voluntariliness
In law, a confession cannot be given in evidence, unless the prosecution shows it to be a voluntary statement in the sense that it was not obtained from the accused by fear of prejudice or hope or promise of advantage exercised or held out by a person in authority or by coercion or threat or torture. According to my research , the prosecution bears the legal burden of proving beyond reasonable doubt that the confession was voluntary. However there are times when the the trial court could exclude the confession even after prove that it was done voluntary, in the exercise of discretion, on the grounds that: (i) its admission makes the trial unfair; or (ii) its prejudicial effect on the administration of justice outweighed its probative value; (ii) it was obtained in a manner that violates any right or fundamental freedom in the Bill of Rights; or (iii) it was obtained in breach of the law and rules relating to confessions.
In Beronda v. Uganda, a confession had been made to a Magistrate who was alone with the accused. The trial judge stated that a police officer should have been present. The court dismissed the appeal and thus held that the procedure adopted by the Magistrate was correct since it was undesirable for the accused to take a confession in the absence of a police officer.
WCF 🔥
Ngori
This is encouraging. Good work Mr. Ngaruiya
Asante sana Senior
Smart🔥🔥
Informative
Kazi safi
Wow amazing