Presumption of innocence

Kenya

Kenya - Constitution 2010 EN

CHAPTER FOUR –– THE BILL OF RIGHTS

Part 2—Rights and fundamental freedoms

49. Rights of arrested persons.

(1) An arrested person has the right—

(e) to be held separately from persons who are serving a sentence ;

CHAPTER FOUR –– THE BILL OF RIGHTS

Part 2—Rights and fundamental freedoms

50. Fair hearing.

(2) Every accused person has the right to a fair trial, which includes the right—

(a) to be presumed innocent until the contrary is proved ;

Kenya - Defence Forces Act 2012 (2018) EN

PART VIII – SUMMARY DISCIPLINARY PROCEEDINGS

154. Hearing procedures
(2) The commanding officer shall consider all information offered during the hearing, and shall be convinced that the accused person actually committed the offence he or she is accused of before imposing the punishment.

Rome Statute

Article 66 Presumption of innocence

1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.

2. The onus is on the Prosecutor to prove the guilt of the accused.

3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.