KENYA BROADCASTING CORPORATION V. HOUSING FINANCE COMPANY OF KENYA LIMITED, ATTORNEY GENERAL & KENSKO AGRO-PRODUCTS LIMITED

JUDGMENT OF THE COURT

1. At the heart of this appeal is whether the appellant had established its case against the 1^st respondent and if so, whether the learned Judge (Omollo, J.) erred in entering the judgment dated 14^th February, 2018 in the manner she did. Essentially, what we are being called upon to do is to reconsider whether the evidence tendered by the appellant as a whole warranted the suit being determined in its favour as opposed to the 1^st respondent.

2. The general rule of law is that whoever desires a court to enter judgment with respect to any legal right or liability on the basis of facts which he/she asserts to exist is required to prove those facts. In other words, as per the well-known aphorism, ‘he who asserts must prove.’ See Sections 107 and 108 of the Evidence Act and Jennifer Nyambura Kamau v. Humphrey Mbaka Nandi [2013] eKLR.

3. The centrality of evidence in any case cannot be gainsaid and was succinctly appreciated by this Court in Nation Media Group v. Jakayo M…