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…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…

…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.…

…In these circumstances the prosecution failed to establish that it was the appellant who broke into the complainant’s house and that he was in fact found in possession of the complainant’s stolen property.…

…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.…