Kenyan Evidence Act

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HomeBrud.gifKenyan LawBrud.gifActsBrud.gifKenyan Evidence Act

Chapter 80

CHAPTER I - PRELIMINARY

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  • Section 28: Repealed.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  • Section 30: (repealed).
  • Section 31: Repealed.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

Part III - Evidence of Children

  • 124: Corroboration Required in Criminal Cases.

CHAPTER V - WITNESSES

Part 1

  • 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.

Schedules

  • Certificate as to Photographic Print or Enlargement

Related Acts

  • The Evidence (out of Court Confessions) Rules, 2009

Other International Acts

Related Topics