Evidence Act Cap 80 in Kenya

Any writing referred to in section 167 or section 168 of this Act shall be produced and shown to the adverse party if he requires it, and such party may, if he pleases, cross-examine the witness thereupon.

(1) A witness summoned to produce a document shall, if it is in his possession or power, bring it to court notwithstanding any objection which there may be to its production or to its admissibility, but the validity of any such objection shall be tried by the court. (2) (a) The court, if it sees...

When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so and if it is admissible.

When a party refuses to produce a document for which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the court.

(1) A judge or magistrate may, in order to discover or to obtain proper evidence, ask any question he pleases, in any form, at any time, of any witness, or of the parties about any fact whether or not it is otherwise admissible; and may order the production of any document or thing; and neither the...

Deleted by Act No. 7 of 2007, Sch.

The improper admission or rejection of evidence shall not of itself be ground for a new trial or for reversal of any decision in a case if it shall appear to the court before which the objection is taken that, independently of the evidence objected to and admitted, there was sufficient evidence to...

Subject to the provisions of this Chapter of this Act, a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters, transaction and accounts therein recorded.

(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...

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 Act, or to appear as a witness to prove the matters, transactions and accounts therein recorded,...

(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 proceedings. (2) An order made under this section may be made either with or without summoning the bank...

(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 investigation into the commission of an offence, the judge or magistrate may by warrant authorize a police...

(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 of this Chapter, shall be in the discretion of the court, which may order them, or any part thereof,...

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.

(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 Provisions Act (Cap. 2), the Evidence Act, 1872, of India, as it applied to Kenya prior to the...