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…Following Tuwamoi v Uganda [1967] EA 84 the learned trial judge was aware of the standard of proof required and in particular that the confession statement must be corroborated in some material particular or by independent…

…However, the judge proceeded to find that the charge of theft in respect of Kshs 21 was proved, on the grounds as we understand the judge’s reasoning that the standard of proof of a criminal charge is on the balance of probabilities…

…section 32(1) of the Evidence Act the evidential value of a confession by an accused person is that it can only be used as lending assurance to other evidence against the co-accused, evidence which narrowly falls short of…

…the standard of proof for a conviction.…

…A reading of all the judgments in Yawe’s appeal leads me to believe that it was held that:- i) The onus of proving customary law marriage is generally on the party who claims it; ii) The standard of proof is the usual one…