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…In Atito v R (1975) e A 278 at page 281 the court of Appeal held:- “What has caused us concern in this case is whether it was established, having regard to the standard of proof in criminal cases, that the appellant was guilty…

…The standard of proof in criminal cases differs from that in civil cases. In any case his failure to testify should not be held against him. His evidence should be considered in the light of other evidence adduced.…

…The standard of proof is the usual one for a civil action, namely, ‘on the balance of probabilities; iii.…

…The onus of proof was on Munini and Musangi and the standard of proof was that of ‘on the balance of probabilities’.…

…This being a civil matter the standard of proof required is on a balance of probabilities.…

…They must be strictly proved and although the standard of proof may not be so heavy as to require beyond reasonable doubt, something more than a mere balance of probabilities is required.…