Section 177 of Evidence Act CAP 80: Proof and verification of copy

(1) A copy of an entry in a banker’s book shall not be received in evidence under section 176 of this Act unless it be first proved that—
(a) the book was, at the time of making the entry, one of the ordinary books of the bank; and
(b) the book is in the custody and control of the bank; and
(c) the entry was made in the usual and ordinary course of banking business; and
(d) the copy has been examined with the original entry, and is correct.
(2) Such proof may be given by an officer of the bank, or, in the case of the proof required under paragraph (d) of subsection (1), by the person who has performed the examination, and may be given either orally or by an affidavit sworn before a commissioner for oaths or a person authorised to take affidavits.

Disclaimer: This document is not to be taken as legal advice.
LPMS Logo

šŸ§‘ā€āš–ļø Manage Your Law Firm Better with SheriaPlex LPMS

Our powerful Legal Practice Management System is designed specifically for law firms in Kenya. Track cases, manage clients, generate invoices, handle tasks, and more — all in one secure, cloud-based platform.

  • šŸ“ Case & Matter Management
  • šŸ’¼ Client Profiles & Billing
  • 🧾 Invoicing & Payment Tracking
  • šŸ“Š Analytics Dashboard
  • šŸ”’ Secure & Multi-User Access
Learn More

Cited By:

More Sections

Section 178 - Restriction on compelling production of banker’s book

A banker or officer of a bank shall not, in any proceedings to which the bank is not a party, be compellable to produce any banker’s book the contents of which can be proved under this Chapter of this...

Section 179 - Inspection of bankers’ books

(1) On the application of any party to proceedings a court may order that such party be at liberty to inspect and take copies of any entries in a banker’s book for any of the purposes, of such...

Section 180 - Warrant to investigate

(1) Where it is proved on oath to a judge or magistrate that in fact, or according to reasonable suspicion, the inspection of any banker’s book is necessary or desirable for the purpose of any...

Section 181 - Costs

(1) The costs of any application to a court under or for the purposes of this Chapter of this Act and the costs of anything done or to be done under an order of a court made under or for the purposes...

Section 182 - Saving for other laws

Save as otherwise expressly provided in this Act, nothing in this Act shall be deemed to derogate from the provisions of any other written law which relate to matters of evidence.

Section 185 - Cessation of application of Indian Evidence Act

(1) From and after the commencement of this Act the Evidence Act, 1872, India shall cease to extend or apply to Kenya. (2) For the purposes of sections 21 and 23 of the Interpretation and General...

Back to Kenya Acts