Judgment[2015] KECA 141
Case law
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Division and case type: CriminalCriminal Appeal
…Kivihya appearing for the Director of Public Prosecutions opposing the appeal as one without merit submitted that the doctrine of recent possession was properly applied.…
…In the case of Arum v Republic, Court of Appeal at Kisumu Criminal Appeal no. 85 of 2005, it was held that the doctrine of recent possession is applicable where the court is satisfied that the prosecution have proved the…
Division and case type: Milimani Commercial CourtsCivil Case
….…….. 3RD DEFENDANT RULING The three defendants herein have brought this application for an order that the suit filed against them by the defendant be dismissed for want of prosecution.…
…When he was faced with the same situation in the first application for dismissal for want of prosecution, Mulwa, J. declined to do so in the interests of justice because as he put it the dismissal would have affected numerous…
Division and case type: CriminalCriminal Appeal
…The prosecution say, all the four appellants took part in the robbery on July 30 at the Bacon Factory and that they all prepared to commit robbery on October 11, 1984.…
…When the appellant was confronted with the charge of robbery, he denied it and put the burden of proof squarely on the prosecution.…
Division and case type: CriminalCase number Criminal Application
…Such sections are the source for the principles of law relating to the burden of proof being always on the prosecution and the standard of proof to be always beyond reasonable doubt.…