Judgment[2022] KEHC 18068
Case law
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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: 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…
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…