Msangi v. R., Crim. App. 125-A-69, 12/7/69, Platt J.

Msangi v. R., Crim. App. 125-A-69, 12/7/69, Platt J.

The appellant was convicted of stealing by servant c/ss 271 and 265, Penal Code. At the trial, he raised an alibi which was rejected by the magistrate, relying on the cases of R. v. Chemulon Wero Olango, 4 E.A.C.A. 46 and R. v. Loibori s/o Jekindikoki, 16 E.AC.A. 86, which appear to hold that an accused has the burden of proving an alibi which he raises.

Held: “On a number of occasions this court has pointed out that the proper approach to a defence of alibi is that laid down by the Court of  Appeal in Leonard Aniseth v. R., (1963) E.A.C.A. 206. R. v. Chemulon is now no longer good law and should not be followed. The principle is that an accused person does not assume the burden of proving his defence. It does not lie upon him to prove the facts he relies to establish his alibi. It is sufficient if the alibi as it stands raises a doubt in the mind of the court that it might be true.” Appeal allowed on this and other grounds.