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…He submitted that the summing up by the Judge Advocate was one sided and concentrated mainly on the prosecution's case.…

…The prosecution demonstrated that the Applicant was recalled to Nanyuki Barracks because he did not have the qualifications to handle push up duties.…

…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.…

…Upon a consideration of the evidence the trial magistrate believed the prosecution witnesses but not the evidence of the appellant or his witness or indeed the statutory statement of Makau Mulei and convicted the appellant…

…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.…