5 See Mukasa Anthony Harris V. Dr. Bayiga Michael Phillip Lulume, (Supra) S.C.C.A No. 18 of 2007and Matsiko Winfred Komuhangi V. Babihuga J. Winnie, Election Petition Appeal No. 9 of 2002. In Blyth V. Blyth [1966] AC 643, Lord Denning observed as to the import and meaning of the 10 word ‘’satisfied’’, he said ‘’ …the courts must not strengthen it, nor must they weaken it. Nor would I think it desirable that any kind of gloss should be put upon it. When parliament has ordained that a court must be satisfied, 15 only parliament can prescribe a lesser requirement. No one whether he be a judge or juror would in fact be ‘’satisfied’��� if he was in a state of reasonable doubt…’’. Odoki C.J in Col. (Rtd) Dr. Besigye Kiiza V. Museveni Yoweri Kaguta & Electoral 20 Commission, Election Petition No. 1 of 2006, agreed and applied the above observations of Lord Denning. He stated; ‘’…it is true that court may not be satisfied if it entertains a reasonable doubt, but the decision will depend on the gravity of the 25 matter to be proved…’’ In a recent decision of Paul Mwiru v. Hon. Igeme Nabeta & Others-Election Petition Appeal No. 06 of 2011 this court said: 30 “Section 61(3) of the PEA sets the standard of proof in parliamentary election petitions. The burden of proof lies on the petitioner to prove the allegations in the petition and the standard of proof required is proof on a balance of probabilities. The provision of this subsection was settled by the Supreme Court in 35 the case of Mukasa Harris v Dr Lulume Bayiga (supra) when it upheld the interpretation given to the subsection by this court and the High Court.” 8

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