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…As the learned judge correctly stated, the burden of proving an averment of insanity, once raised, lies upon the accused person to show on the balance of probabilities: “ that at the time of the killing the deceased was=…

…of probabilities.…

…The burden of proving that deception or belief fell upon the appellant, but the burden was on a balance of probabilities to be assessed on the basis of the appellant’s subjective view of the facts.…

…As already pointed out earlier, the Court of Appeal in Wambui v Republic [2019] KECA 906 (KLR) held that the burden of proving the deception or belief fell upon the appellant, and that the burden was on a balance of probabilities…

…I am however satisfied on the balance of probabilities that I should believe the story told by the plaintiff.…

…I must state clearly at this stage that in view of what come hereinafter, this is a finding on the balance of probabilities. It is the proper standard of proof required in civil cases.…

…And all by the standard usual in civil actions, which is on the balance of probabilities. Fraud was not pleaded and the evidence does not support it.…

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

…Of course the Plaintiff disputes that but on the balance of probabilities I should come to the conclusion that the Plaintiff was sometimes deserting her husband.…

…On the balance of probabilities, the evidence in support of the Defendant’s case on this issue is more persuasive than the evidence in support of the Plaintiff’s case: Further it be noted that after the Plaintiff had said…

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

…on a balance of probabilities.…

…I am satisfied that she proved her counterclaim on a balance of probabilities and I find judgement for her against the plaintiffs jointly and severally in the sum of Kshs.864,220/= plus costs and interest at court rates.…

…The appellant had the evidential burden to establish, albeit on a balance of probabilities, that the complainant deceived him into believing that she was an adult.…

…The burden of proving that deception or belief fell upon the appellant, but the burden was on a balance of probabilities to be assessed on the basis of the appellant’s subjective view of the facts.…

…The Court of Appeal in Leonard Mwangemi Munyasia v Republic [2015] eKLR stated that: “The burden of proving insanity lies on the accused, though only on a balance of probabilities.…

…and second an acquittal in a criminal case does not mean that the civil case is compromised in any way as the two cases are decided on different standards of proof, as the standard of proof is lower in civil cases on a "balance…

…of probabilities" as compared to "beyond a reasonable doubt" in criminal cases. 16.…

…It was for him to prove on a balance of probabilities that he was insane at the time of the alleged robbery and had failed to do so. However, the magistrate made two serious misdirection’s in his judgment.…

…He appreciated that the burden of proving insanity was on the appellant on the balance of probabilities.…

…The test is on a balance of probabilities. The following is what the appellant and his witness told the court under oath. That on 30-07-2023, there was a crusade near their home which he attended and came back home.…

…The burden of proving that deception or belief fell upon the appellant, but the burden is on a balance of probabilities and is to be assessed on the basis of the appellant’s subjective view of the facts.…

…of probabilities. 12.…

…Section 8 (5) of the Act provides a complete defence to an appellant he proves on a balance of probability that the complainant, deceived him that she was over 18 years old and he reasonably believed so.…

…From all the evidence I have analysed and considered, I find that the plaintiff has proved his case against the defendant on a balance of probabilities, and I find judgment for the plaintiff under prayers 1,2 and 3 as prayed…

…The burden of proving that deception or belief fell upon the Appellant, but the burden is on a balance of probabilities as is to be assessed on the basis of the appellants subjective view of the facts.…

…Magistrate ought to have found merit in the Appellant’s contention that in all circumstances of the case he reasonably believed that the Complainant was above the age of majority as the burden of proving that deception is on a balance…

…The first is that if the plaintiffs have shown on a balance of probabilities that they have a prima facie case with a probability of success and that they will suffer irreparable injury that cannot be compensated for by the…

…Judiciary’s Bail and Bond Policy Guidelines, March 2015 at page 25 which sets out judicial policy on bail as follows: The following procedures should apply to the bail hearing: (a) The Prosecution shall satisfy the Court, on a balance…

…of probabilities, of the existence of compelling reasons that justify the denial of bail.…

…I am satisfied that the application was not proved on a balance of probabilities that he is entitled to the land otherwise known as No. 8/Kaganda/269 by virtue of adverse possession.…