Judgment[2011] KECA 18
Abdullahi Osman Mohamed v Republic
Court of Appeal at NairobiJUDGE APPEAL,Abdi Mumin Abdile,Ratemo Oira,Monda,Oira,Farah Omar Matan PW,Murish Mohammed Ellmi,Abdi Mumia Abdile,Kennedy Amohaya Wanyonyi PWCase number Criminal Appeal 457 of 2007
Division and case type: CriminalCriminal Appeal
…That the learned high court judge erred in both law and facts by upholding the case for the prosecution as proved beyond the reasonable doubt whereas the burden of proof was not discharged as the law demands in that:- I.…
…was in “no man’s land” near the Kenya-Somali border, and essential witnesses including the Somali Militia officers, were not called to testify, and all in all, the prosecution did not in the circumstances discharge the burden…
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