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Kenyan Evidence Act
- 1 CHAPTER I - PRELIMINARY
- 2 CHAPTER II - ADMISSIBILITY AND RELEVANCY
- 2.1 Part I - General
- 2.2 Part II - Admissions
- 2.3 Part III - Confessions
- 2.4 Part IV - Statements by Persons who Cannot be Called as Witnesses
- 2.5 Part V - Statements in Documents Produced in Civil Proceedings
- 2.6 Part VI - Statements under Special Circumstances
- 2.7 Part VII - Extent to which Statement is Admissible
- 2.8 Part VIII - Judgments
- 2.9 Part IX - Opinions
- 2.10 Part X - Character
- 3 Chapter III: Proof
- 4 CHAPTER IV - PRODUCTION AND EFFECT OF EVIDENCE
- 5 CHAPTER V - WITNESSES
- 6 CHAPTER VI - IMPROPER ADMISSION AND REJECTION OF EVIDENCE
- 7 CHAPTER VII - BANKERS BOOKS
- 8 CHAPTER MISCELLANEOUS PROVISIONS - VIII
- 9 Schedules
- 10 Related Acts
- 11 Other International Acts
- 12 Related Topics
CHAPTER I - PRELIMINARY
- Section 1: Short Title.
- Section 2: Application.
- Section 3: Interpretation.
- Section 4: Presumptions of Fact.
CHAPTER II - ADMISSIBILITY AND RELEVANCY
Part I - General
- Section 5: General Restriction on Admissibility of Evidence.
- Section 6: Facts Forming Part of Same Transaction.
- Section 7: Facts Causing or Caused by Other Facts.
- Section 8: Facts Relating to Motive, Preparation and Conduct.
- Section 9: Explanatory and Introductory Facts, Etc.
- Section 10: Statements and Actions Referring to Common Intention.
- Section 11: Facts Inconsistent With, or Affecting Probability Of, Other Facts.
- Section 12: Facts Affecting Quantum of Damages.
- Section 13: Facts Affecting Existence of Right or Custom.
- Section 14: Facts Showing State of Mind or Feeling.
- Section 15: Facts Showing System.
- Section 16: Facts Showing Course of Business.
Part II - Admissions
- Section 17: Adjmissions Defined Generally.
- Section 18: Statements by Party to Suit or Agent or Interested Person.
- Section 19: Statements by Persons Whose Position or Liability Must Be Proved as Against Party to Suit.
- Section 20: Statements by Persons Expressly Referred to by Party to Suit.
- Section 21: Proof of Admissions Against Persons Making Them, and by or on Their Behalf.
- Section 22: Oral Admissions as to Contents of Documents.
- Section 23: Admissions Made Without Prejudice in Civil Cases.
- Section 24: Effect of Admissions.
Part III - Confessions
- Section 25: Confession Defined.
- Section 25A: Confessions Generally Inadmissible.
- Section 26: Confessions and Admissions Caused by Inducement, Threat or Promise.
- Section 27: Confession Made After Removal of Impression Caused by Inducement, Threat or Promise.
- Section 28: Repealed.
- Section 29: Confessions to Police Officers.
- Section 30: (repealed).
- Section 31: Repealed.
- Section 32: Confession Implicating Co-accused.
Part IV - Statements by Persons who Cannot be Called as Witnesses
- Section 33: Statement by Deceased Person, Etc., when -
- Section 34: Admissibility of Evidence Given in Previous Proceedings.
Part V - Statements in Documents Produced in Civil Proceedings
- Section 35: Admissibility of Documentary Evidence as to Facts in Issue.
- Section 36: Weight to Be Attached to Statement Admissible Under Section 35.
Part VI - Statements under Special Circumstances
- Section 37: Entries in Books of Account.
- Section 38: Entries in Public Records.
- Section 39: Statements, Etc., in Maps, Charts and Plans.
- Section 40: Statements of Fact Contained in Laws and Official Gazettes, Etc.
- Section 41: Statements as to Law Contained in Books.
Part VII - Extent to which Statement is Admissible
- Section 42: Extent of Admissibility.
Part VIII - Judgments
- Section 43: Judgments, Etc., Excluding Jurisdiction.
- Section 44: Judgments in Rem.
- Section 45: Other Judgments of a Public Nature.
- Section 46: Inadmissible Judgments.
- Section 47: Proof That Judgment Was Incompetent or Obtained by Fraud or Collusion.
- Section 47A: Proof of Guilt.
Part IX - Opinions
- Section 48: Opinions of Experts.
- Section 49: Facts Bearing Upon Opinions of Experts.
- Section 50: Opinion as to Handwriting.
- Section 51: Opinion Relating to Customs and Rights.
- Section 52: Opinions of Persons with Special Knowledge.
- Section 53: Opinion on Relationship.
- Section 54: Grounds of Opinion.
Part X - Character
- Section 55: Character in Civil Cases.
- Section 56: Good Character in Criminal Cases.
- Section 57: Bad Character in Criminal Cases.
- Section 58: Definition of "character"
Chapter III: Proof
Part I – Facts Requiring No Proof
- Section 59: Facts Judicially Noticed.
- Section 60: Facts of Which Court Shall Take Judicial Notice.
- Section 61: Facts Admitted in Civil Proceedings.
Part II – Oral Evidence
- Section 62: Oral Evidence.
- Section 63: Oral Evidence Must Be Direct.
Part III – Documentary Evidence
- Section 64: Proof of Contents of Documents.
- Section 65: Primary Evidence.
- Section 66: Secondary Evidence.
- Section 67: Proof of Documents by Primary Evidence.
- Section 68: Proof of Documents by Secondary Evidence.
- Section 69: Notice to Produce a Document.
- Section 70: Proof of Allegation That Persons Signed or Wrote a Document.
- Section 71: Proof of Execution of Document Required by Law to Be Attested.
- Section 72: Proof Where No Attesting Witness Found.
- Section 73: Admission of Execution of Attested Document.
- Section 74: Proof Where Attesting Witness Denies Execution.
- Section 75: Proof of Document Not Required to Be Attested.
- Section 76: Comparison of Signatures, Seals, Etc.
- Section 77: Reports by Government Analysts and Geologists.
- Section 78: Photographic Evidence- Admissibility of Certificate.
Part IV - Public Documents
- Section 79: Distinction Between Public and Private Documents.
- Section 80: Certified Copies of Public Documents.
- Section 81: Proof by Certified Copies.
- Section 82: Proof of Certain Public Documents.
Part V - Presumptions as to Documents
- Section 83: Certified Documents.
- Section 84: Records of Evidence.
- Section 85: Gazette, Etc., to Be Prima Facie Evidence.
- Section 86: Gazettes, Newspapers, and Documents Produced from Proper Custody.
- Section 87: Publications Generally.
- Section 88: Documents Admissible in England.
- Section 89: Maps or Plans.
- Section 90: Laws and Judicial Reports.
- Section 91: Powers of Attorney.
- Section 92: Certified Copies of Foreign Judicial Records.
- Section 93: Books, Maps and Charts.
- Section 94: Telegraphic Messages.
- Section 95: Presumption as to Due Execution, Etc.
- Section 96: Documents Twenty Years Old.
Part VI – Exclusion of Oral by Documentary Evidence
- Section 97: Written Contracts and Grants.
- Section 98: Evidence of Oral Agreement.
- Section 99: Evidence to Explain a Patent Ambiguity.
- Section 100: Evidence to Show Inapplicability.
- Section 101: Evidence to Explain a Latent Ambiguity.
- Section 102: Evidence of Application to One of Several Subjects.
- Section 103: Evidence of Application to One of Several Sets of Facts.
- Section 104: Evidence to Explain, Special Words.
- Section 105: Evidence of Variation Given by Third Parties.
- Section 106: Wills.
- Section 106A: Section 106B to apply in proof of electronic records.
- Section 106B: Admissibility of electronic records.
- Section 106C: Proof as to electronic signature.
- Section 106D: Proof as to the verification of electronic signature.
- Section 106E: Presumption as to Gazette in electronic form.
- Section 106F: Presumption as to electronic agreements.
- Section 106G: Presumption as to electronic records and electronic signatures.
- Section 106H: Presumption as to electronic electronic signature certificates.
- Section 106I: Presumption as to electronic messages.
Part VII - ELECTRONIC RECORDS
- Section 106A: Section 106b to Apply in Proof of Electronic Records
- Section 106B: Admissibility of Electronic Records.
- Section 106C: Proof as to a Electronic Signature
- Section 106D: Proof as to the Verification of Electronic Signature.
- Section 106E: Presumption as to Gazette in Electronic Form.
- Section 106F: Presumption as to Electronic Agreements.
- Section 106G: Presumption as to Electronic Records and Electronic Signatures.
- Section 106H: Presumption as to Electronic Signature Certificates.
- Section 106I: Presumption as to Electronic Messages.
CHAPTER IV - PRODUCTION AND EFFECT OF EVIDENCE
Part I - Burden of Proof
- Section 107: Burden of Proof.
- Section 108: Incidence of Burden.
- Section 109: Proof of Particular Fact.
- Section 110: Proof of Admissibility.
- Section 111: Burden on Accused in Certain Cases.
- Section 112: Proof of Special Knowledge in Civil Proceedings.
- Section 113: Repealed.
- Section 114: Repealed.
- Section 115: Disproving Apparent Special Relationship.
- Section 116: Disproving Ownership.
- Section 117: Proof of Good Faith.
- Section 118: Conclusive Proof of Legitimacy.
- Section 118A: Presumption of Death
- Section 119: Presumption of Likely Facts.
Part II - Estoppel
- Section 120: General Estoppel.
- Section 121: Estoppel of Tenant or Licensee.
- Section 122: Estoppel of Acceptor of a Bill of Exchange.
- Section 123: Estoppel of a Bailee, Licensee or Agent.
Part III - Evidence of Children
- 124: Corroboration Required in Criminal Cases.
CHAPTER V - WITNESSES
- 125: Competency Generally.
- 126: Dumb Witnesses.
- 127: Competency of Parties and Spouses.
Part II - Compellability and Privileges of Witnesses.
- Section 128: Compellability of Ordinary Witnesses.
- Section 129: Privilege of Court.
- Section 130: Communications During Marriage.
- Section 131: Privilege Relating to Official Records.
- Section 132: Privilege of Official Communications.
- Section 133: Privilege Relating to Information of Commission of Offences.
- Section 134: Privilege of Advocates.
- Section 135: Privilege of Interpreters, and Advocates' Clerks and Servants.
- Section 136: Waiving of Privilege of Advocates, Etc.
- Section 137: Communications with an Advocate.
- Section 138: Title Deeds and Incriminating Documents in Hands of Third Party.
- Section 139: Privileged Document in Possession of Another.
- Section 140: Bankers' Books.
- Section 141: Accomplices.
- Section 142: Privileges to Exclude Oral Evidence of Documents.
- Section 143: Number of Witnesses.
Part III - Examination of Witnesses
- Section 144: Court to Decide as to the Admissibility of Evidence.
- Section 145: Types of Examination of Witnesses.
- Section 146: Order and Direction of Examinations.
Part IV - Questioning of Witnesses
- Section 147: Person Called to Produce a Document.
- Section 148: Witness to Character.
- Section 149: Meaning of Leading Question.
- Section 150: Leading Questions in Examination-in-chief and Re-examination.
- Section 151: Leading Questions in Cross-examination.
- Section 152: Examination as to Whether Certain Formal Matters Are Contained in Writing.
- Section 153: Cross-examination as to Previous Written Statements.
- Section 154: Cross-examination as to Credibility.
- Section 155: Compulsion to Answer Questions as to Credit.
- Section 156: Cross-examination of Accused Person.
- Section 157: Discretion of Court to Compel Witness to Answer Questions as to Credit.
- Section 158: Necessity for Grounds Before Attacking Character.
- Section 159: Indecent or Scandalous Questions.
- Section 160: Insulting or Annoying Questions.
- Section 161: Discretion to Allow Cross-examination of Own Witness.
- Section 162: Exclusion of Evidence to Contradict a Witness.
- Section 163: Evidence to Impeach the Credit of a Witness.
- Section 164: Circumstantial Questions to Confirm Evidence.
- Section 165: Proof of Consistency by Former Statements.
- Section 166: Evidence to Test Statement of Person Not Available as Witness.
Part V - Refreshing of Memory and Production of Documents
- Section 167: Refreshing Memory by Reference to Contemporaneous Writing.
- Section 168: Reference to Accurate Contemporaneous Record Though Facts Themselves Not Specifically Recalled.
- Section 169: Rights of Adverse Party as to Contemporaneous Writing.
- Section 170: Production of Documents of Doubtful Admissibility.
- Section 171: Document Produced in Answer to Notice to Be Given as Evidence if Required.
- Section 172: Consequence of Refusal to Produce Document in Answer to Notice.
- Section 173: Extended Powers of Court for Purpose of Obtaining Proper Evidence.
Part VI - Questions by Assessors
- 174: Deleted.
CHAPTER VI - IMPROPER ADMISSION AND REJECTION OF EVIDENCE
- Section 175: Effect of Improper Admission or Rejection.
CHAPTER VII - BANKERS BOOKS
- Section 176: Mode of Proof of Entries in Bankers' Books.
- Section 177: Proof and Verification of Copy.
- Section 178: Restriction on Compelling Production of Banker's Book.
- Section 179: Inspection of Bankers' Books.
- Section 180: Warrant to Investigate.
- Section 181: Costs.
CHAPTER MISCELLANEOUS PROVISIONS - VIII
- Section 182: Saving for Other Laws.
- Section 183: Cessation of Application of Indian Evidence Act.
- Certificate as to Photographic Print or Enlargement
- The Evidence (out of Court Confessions) Rules, 2009
Other International Acts
- Australia: Evidence Act, 2011 of the Australian Capital Territory Consolidated Acts
- India: Indian Evidence Act, 1872
- Singapore: Singapore Evidence Act
- South Sudan: Code of Evidence Act, 2006