Judgment[2024] KEHC 16144
Case law
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Division and case type: CivilCivil Case
…In law the burden of proof lies upon the party who asserts the existence of a fact or set of facts.…
…must prove that those facts exist. (2) When a person is bound to prove the existence of any fact it is said that the burden of proof lies on that person.” 21.…
Division and case type: CriminalCriminal Appeal
…of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a disability and could not ride a…
…Finally, he submits that burden of proof was shifted to him, yet he has not sought to demonstrate how.…
Division and case type: CivilCivil Appeal
…This is a discretionary power of the court and whilst it may be of great value and assistance to the court in cases dealing with customary law, yet this does not cast the burden of proof in establishing the customary law…