Criminal Case No. 908/2018 - CM's Court At Milimani - Republic vs Charles Munene
Jurisdiction: In The CM's Court At Milimani
File Number: Criminal Case No. 908/2018
Between: Republic v/s Charles Munene
Coram: R.K. Ondieki- SPM.
Delivered: 10th August, 2023.
Judgement of the Court
JUDGEMENT OF THE COURT:
1. It is now cast in stone and founded in many jurisprudential decisions so often repeated and yet bear repetition that tthroughout the web of the English Criminal Law one golden thread is always to be seen that it is the duty of the prosecution to prove the prisoner's guilt subject to the defense of insanity and subject also to any statutory exception. If, at the end of and on the whole of the case, there is a reasonable doubt, created by the evidence given by either the prosecution or the prisoner, the prosecution has not made out the case and the prisoner is entitled to an acquittal. No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained.
