Judgment[2026] KECA 1078
Case law
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Division and case type: CriminalCase number Criminal Application
…It was for him to prove on a balance of probabilities that he was insane at the time of the alleged robbery and had failed to do so. However, the magistrate made two serious misdirection’s in his judgment.…
Division and case type: Environment and LandLand Case
…Upon proof of these requirements the presence of willfulness and bad faith on the part of the Respondent would normally be inferred, but the Respondent could rebut this inference by contrary proof on a balance of probabilities…
…The applicant must prove all the above requirements to the requisite standard, that is a standard higher than the balance of probabilities threshold applied in civil proceedings but below the proof beyond a reasonable doubt…