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: 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.…
Division and case type: CriminalCriminal Appeal
…possession could not safely be relied upon to form the basis of a conviction. 11.It is the law that once an accused person is found in possession of a recently stolen item, then the burden, unlike in all criminal cases where the burden…
…of proof is the prosecution’s to discharge, shifts to that accused person to explain how he came to be in possession.…
Division and case type: CriminalCriminal Appeal
…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: 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…