DW.2 was
W ananda son
2009- he was athome -with
~ ...... ,..,
to beat·
the
·that on 1
father doing carpentry work. .
th~y
They did not know
he..,......... ,.,. . .
testified
the house but did
August
come
wanted
the
the father. He does not know who killed his
6:00p.m
mother. The mob came
After destroying the
pangas, sticks and
they left
DW.3 was Wanzehere Wilberforce another son to the accused.
did not know
why he was in court.
all of them ran away from home including
In cross-examination DW.3
was
Before
case:
close of
can proceed to convict an accused person
a criminal trial the
prosecution must have proved beyond any reasonable doubt the
accused
This burden
proofdoes not shift to the defence unless the law
expressly provides so. Woo!mington v.
In a
for
[935] A.C.
prosecution bears the duty of proving
the
inter alia that:
(l)A
(2)
of
being was
was unlawful;
(3) The accused participated in that killing, and;
6