Section 8 of Evidence Act CAP 80: Facts relating to motive, preparation and conduct
(1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.
(2) The conduct of any party, or of any agent of a party, to any suit or proceeding, in reference to such suit or proceeding or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.
(3) When evidence of the conduct of a person is relevant any statement made to him, or in his presence and hearing, which affects such conduct, is relevant.
(4) The word “conduct” in this section does not include statements, unless those statements accompany and explain acts other than statements.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Section 9 - Explanatory or introductory facts, etc.
Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by such a fact, or which establish the identity of any thing or person whose...
- Section 10 - . Statements and actions referring to common intention
Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in...
- Section 11 - Facts inconsistent with, or affecting probability of, other facts Facts
not otherwise relevant are relevant—
(a) if they are inconsistent with any fact in issue or relevant fact; or
(b) if by themselves or in connection with other facts they make the existence or...
- Section 12 - Facts affecting quantum of damages
In suits in which damages are claimed, any fact which will enable the court to determine the amount of damages which ought to be awarded is relevant.
- Section 13 - Facts affecting existence of right or custom
Where the existence of any right or custom is in question, the following facts are relevant—
(a) any transaction by which the right or custom in question was created, claimed, modified, recognized,...
- Section 14 - . Facts showing state of mind or feeling
(1) Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will towards any particular person, or showing the existence of...
- Section 15 - Facts showing system
When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each...
- Section 16 - Facts showing course of business
When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is relevant.
- Section 17 - Admissions defined generally
An admission is a statement, oral or documentary, which suggests any inference as to a fact in issue or relevant fact, and which is made by any of the persons and in the circumstances hereinafter...
- Section 18 - Statements by party to suit or agent or interested person
(1) Statements made by a party to the proceeding, or by an agent to any such party, whom the court regards in the circumstances of the case as expressly or impliedly authorized by him to make them,...
- Section 19 - Statements by persons whose position or liability must be proved as against party to suit
Statements made by persons whose position or liability it is necessary to prove as against any party to a suit, are admissions if such statements would be admissible as against such persons in...
- Section 20 - Statements by persons expressly referred to by party to suit
Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.
- Section 21 - Proof of admissions against persons making them, and by or on their behalf
Subject to the provisions of this Act, an admission may be proved as against the person who makes it or his representative in interest; but an admission cannot be proved by or on behalf of the person...
- Section 22 - Oral admissions as to contents of documents
Oral admissions as to the contents of a document may not be proved unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such...
- Section 23 - Admissions made without prejudice in civil cases
(1) In civil cases no admission may be proved if it is made either upon an express condition that evidence of it is not to be given or in circumstances from which the court can infer that the parties...
- Section 24 - Effect of admissions
Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions hereinafter contained.
- Section 25 - Confession defined
A confession comprises words or conduct, or a combination of words and conduct, from which, whether taken alone or in conjunction with other facts proved, an inference may reasonably be drawn that the...
- Section 25A - Confessions generally inadmissible
(1) A confession or any admission of a fact tending to the proof of guilt made by an accused person is not admissible and shall not be proved as against such person unless it is made in court before a...
- Section 26 - Confessions and admissions caused by inducement, threat or promise
A confession or any admission of a fact tending to the proof of guilt made by an accused person is not admissible in a criminal proceeding if the making of the confession or admission appears to the...
- Section 27 - Confession made after removal of impression caused by inducement, threat or promise
If such a confession as is referred to in section 26 of this Act is made after the impression caused by any such inducement, threat or promise has, in the opinion of the court, been fully removed, it...
- Section 28 - Repealed by Act No. 5 of 2003, s. 100.
Repealed by Act No. 5 of 2003, s. 100.
- Section 29 - Confessions to police officers
No confession made to a police officer shall be proved against a person accused of any offence unless such police officer is—
(a) of or above the rank of, or a rank equivalent to, sub-inspector; or...
- Section 30 - Repealed by Act No. 5 of 2003, s. 101.
Repealed by Act No. 5 of 2003, s. 101.
- Section 31 - Repealed by Act No. 5 of 2003, s. 102.
Repealed by Act No. 5 of 2003, s. 102.
- Section 32 - Confession implicating co-accused
(1) When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the court may take...
- Section 33 - Statement by deceased person, etc., when
Statements, written or oral, of admissible facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence or whose attendance cannot be procured, or whose...
- Section 34 - Admissibility of evidence given in previous proceedings
subsequent judicial proceeding or at a later stage in the same proceeding, for the purpose of proving the facts which it states, in the following circumstances—
(a) where the witness is dead, or...
- Section 35 - Admissibility of documentary evidence as to facts in issue
(1) In any civil proceedings where direct oral evidence of a fact would be admissible, any statement made by a person in a document and tending to establish that fact shall, on production of the...
- Section 36 - Weight to be attached to statement admissible under section 35
(1) In estimating the weight, if any, to be attached to a statement rendered admissible by section 35 of this Act, regard shall be had to all the circumstances from which any inference can reasonably...
- Section 37 - Entries in books of account
Entries in books of account regularly kept in the course of business are admissible whenever they refer to a matter into which the court has to inquire, but such statements shall not alone be...
- Section 37 - Entries in books of account
Entries in books of account regularly kept in the course of business are admissible whenever they refer to a matter into which the court has to inquire, but such statements shall not alone be...
- Section 38 - Entries in public records
An entry in any public or other official book, register or record, stating a fact in issue or a relevant fact, and made by a public servant in the discharge of his official duty, or by any other...
- Section 39 - Statements, etc., in maps, charts and plans
Statements and representations of facts in issue or relevant facts made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of any Government in...
- Section 40 - Statements of fact contained in laws and official gazettes, etc.
When the court has to form an opinion as to the existence of any fact of a public nature, any statement of it shall be admissible which is made—
(a) in any written law of Kenya, or in any notice...
- Section 41 - Statements as to law contained in books
When the court has to form an opinion as to a law of any country, any statement of such law contained in a book purporting to be printed or published under the authority of the Government of such...
- Section 42 - Extent of admissibility
When any statement of which evidence is given forms part of a longer statement, or of a conversation, or of an isolated document, or is contained in a document which forms part of a book or of a...
- Section 43 - Judgments, etc., excluding jurisdiction
The existence of any judgment, order or decree which by law prevents any court from taking cognizance of a suit or holding a trial, may be proved when the question is whether such court ought to take...
- Section 44 - Judgments in rem
(1) A final judgment, order or decree of a competent court which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or...
- Section 45 - Other judgments of a public nature
Judgments, orders or decrees, other than those mentioned in section 44 of this Act, are admissible if they relate to matters of a public nature relevant to the inquiry, but such judgments, orders or...
- Section 46 - Inadmissible judgments
Judgments, orders or decrees other than those mentioned in sections 43, 44 and 45 of this Act are inadmissible except where the existence of such judgment, order or decree is a fact in issue or is...
- Section 47 - Proof that judgment was incompetent or obtained by fraud or collusion
Any party to a suit or other proceeding may show that any judgment, order or decree which is admissible under the provisions of this Act and which has been proved by the adverse party, was delivered...
- Section 47A - Proof of guilt
A final judgment of a competent court in any criminal proceedings which declares any person to be guilty of a criminal offence shall, after the expiry of the time limited for an appeal against such...
- Section 48 - Opinions of experts
(1) When the court has to form an opinion upon a point of foreign law, or of science or art, or as to identity or genuineness of handwriting or finger or other impressions, opinions upon that point...
- Section 49 - Facts bearing upon opinions of experts
Facts not otherwise admissible are admissible if they support or are inconsistent with the opinions of experts, when such opinions are admissible.
- Section 50 - Opinion as to handwriting
(1) When the court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to...
- Section 51 - Opinion relating to customs and rights
(1) When the court has to form an opinion as to the existence of any general custom or right, the opinions as to the existence of such custom or right of persons who would be likely to know of its...
- Section 52 - Opinions of persons with special knowledge
When the court has to form an opinion as to—
(a) the usages and tenets of any association, body of men or family; or
(b) the constitution and government of any religious or charitable foundation;...
- Section 53 - Opinion on relationship
When the court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship of any person who, as a member of the...
- Section 54 - Grounds of opinion
Whenever the opinion of any living person is admissible, the grounds on which such opinion is based are also admissible.
- Section 55 - Character in civil cases
(1) In civil cases, the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him is inadmissible except in so far as such character...