Evidence Act
108. Incidence of burden.
108. Incidence of burden.
The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.Case law referring to this provision
- Nyakwana v Ongaro (Civil Appeal 7 of 2014) [2015] KEHC 8440 (KLR) (24 April 2015) (Judgment)
- Muiruri (Being the administrator of the Estate of the Late Joseph Muiruri Gachoka - Deceased) v Bank of Baroda (Kenya) Ltd (Civil Appeal 282 of 2004) [2014] KECA 319 (KLR) (10 October 2014) (Judgment)
- Muthoka v Kenya Medical Training College; Kenya Anti- Corruption Commission (Interested Party) (Employment and Labour Relations Petition E018 of 2022) [2022] KEELRC 4087 (KLR) (22 September 2022) (Judgment)
Source: Kenya Law