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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 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’.…