However criminal law has been defined as the law of crimes. So a crime has been defined just like an act or omission or committed, omitted in violation of public law egg murder, manslaughter, robbery, burglary, rape, stealing, theft through servant or agent.
In fact all crimes or offences in Kenya are formed with parliament through statutes. Hence suspects are arrested through the state along with the police. Conversely individuals have the liberty to arrest suspects. So offences are normally prosecuted through the state with the office of the Attorney General.
Whether the suspect charged by a particular offence becomes an accused thus criminal cases are styled as R V Accused. Here under sec 77 of the constitution the person cannot commonly be prosecuted for an act or omission that was not defined through law as a crime whether committed or omitted. Moreover under section 77 (2) (a) of the constitution an accused person is has pleaded guilty or presumed innocent until proven. Whether it's the duty of the prosecution to prove then its case against the accused. Thus the burden of proof rests on the prosecution.