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…It is the proper standard of proof required in civil cases.…

…one considers all the summing up of the learned judge prior to posing this question, one cannot come to any other conclusion that after having summoned up on the evidence and the issues involved in the trial and on the standard…

…of proof and who should discharge it, he properly put in a nutshell to the assessors the crucial question which they had to determine.…

…The standard of proof in criminal cases differs from that in civil cases. In any case his failure to testify should not be held against him. His evidence should be considered in the light of other evidence adduced.…

…However, the judge proceeded to find that the charge of theft in respect of Kshs 21 was proved, on the grounds as we understand the judge’s reasoning that the standard of proof of a criminal charge is on the balance of probabilities…

…They must be strictly proved and although the standard of proof may not be so heavy as to require beyond reasonable doubt, something more than a mere balance of probabilities is required.…