[2009] Evidence Cap 80 45 109. The burden of proof as to any particular fact lies on the person Proof of particular who wishes the court to believe in its existence, unless it is provided by fact. any law that the proof of that fact shall lie on any particular person. 110. The burden of proving any fact necessary to be proved in Proof of order to enable any person to give evidence of any other fact is on the admissibility. person who wishes to give such evidence. 111. (1) When a person is accused of any offence, the burden of Burden on accused in proving the existence of circumstances bringing the case within any certain cases. exception or exemption from, or qualification to, the operation of the law creating the offence with which he is charged and the burden of proving any fact especially within the knowledge of such person is upon him: Provided that such burden shall be deemed to be discharged if the court is satisfied by evidence given by the prosecution, whether in crossexamination or otherwise, that such circumstances or facts exist: Provided further that the person accused shall be entitled to be acquitted of the offence with which he is charged if the court is satisfied that the evidence given by either the prosecution or the defence creates a reasonable doubt as to the guilt of the accused person in respect of that offence. (2) Nothing in this section shall (a) prejudice or diminish in any respect the obligation to establish by evidence according to law any acts, omissions or intentions which are legally necessary to constitute the offence with which the person accused is charged; or (b) impose on the prosecution the burden of proving that the circumstances or facts described in subsection (1) do not exist; or (c) affect the burden placed upon an accused person to prove a defence of intoxication or insanity. 112. In civil proceedings, when any fact is especially within the Proof of special knowledge of any party to those proceedings, the burden of proving or knowledge in civil proceedings. disproving that fact is upon him. 113. (Repealed by 14 of 1972, 9th Sch.) 114. (Repealed by 14 of 1972, 9th Sch.) www.kenyalaw.org