Republic v Stojananovic Milan & another [2008] KEHC 12 (KLR)
- Court
- High Court of Kenya
- Case number
- 12
- Citation
- [2008] KEHC 12 (KLR)
- Decided
- 8 August 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from a decision to exclude evidenceCoramN.R.O. OMBIJA
Holding
The tape in issue is not admissible in evidence due to the missing link in the chain of custody and the lack of evidence regarding its safe custody.
Facts
The prosecution sought to introduce an electronic tape recording of a conversation between accused Milan and a prosecution witness, Baktash Akasha, but the tape was not produced due to a missing link in the chain of custody.
Issues
- Chain of possession of the tape
- Admissibility of the tape recording
Reasoning
The court found that the evidence of the chain of custody was not reliable due to the missing link and the lack of evidence from the officer who had custody of the tape.
Outcome
The tape was excluded from evidence.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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