Section 30 of Evidence Act CAP 80: Repealed by Act No. 5 of 2003, s. 101.
Repealed by Act No. 5 of 2003, s. 101.
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7,070 resultsSection 31 of Evidence Act CAP 80: Repealed by Act No. 5 of 2003, s. 102.
Repealed by Act No. 5 of 2003, s. 102.
Section 32 of Evidence Act CAP 80: 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 the confession into consideration as against such other person as well as against the person who ma…
Section 33 of Evidence Act CAP 80: 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 attendance cannot be procured, without an amount of delay or expense which in the circumstances of th…
Section 34 of Evidence Act CAP 80: 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 cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or w…
Section 35 of Evidence Act CAP 80: 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 original document, be admissible as evidence of that fact if the following conditions are satisfied, that…
Section 36 of Evidence Act CAP 80: 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 be drawn as to the accuracy or otherwise of the statement, and in particular to the question whether…
Section 37 of Evidence Act CAP 80: 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 sufficient evidence to charge any person with liability.
Section 37 of Evidence Act CAP 80: 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 sufficient evidence to charge any person with liability.
Section 38 of Evidence Act CAP 80: 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 person in performance of a duty specially enjoined by the law of the country in which such book, register…
Section 39 of Evidence Act CAP 80: 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 the Commonwealth, as to matters usually stated or represented in such maps, charts or plans, are th…
Section 40 of Evidence Act CAP 80: 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 purporting to be made in pursuance of any such written law, where the law or notice (as the case may be)…
Section 41 of Evidence Act CAP 80: 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 country and to contain any such law, and any report of a ruling of the courts of such country contained…
Section 42 of Evidence Act CAP 80: 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 connected series of letters or papers, evidence shall be given of so much and no more of such longer stat…
Section 43 of Evidence Act CAP 80: 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 cognizance of such suit or to hold such trial.
Section 44 of Evidence Act CAP 80: 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 to be entitled to any specific thing, not as against any specified person but absolutely, is admissib…
Section 45 of Evidence Act CAP 80: 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 decrees are not conclusive proof of that which they state.
Section 46 of Evidence Act CAP 80: 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 relevant under some other provision of this Act.
Section 47 of Evidence Act CAP 80: 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 by a court not competent to deliver it, or was obtained by fraud or collusion.
Section 47A of Evidence Act CAP 80: 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 judgment or after the date of the decision of any appeal therein, whichever is the latest, be taken as…
Section 48 of Evidence Act CAP 80: 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 are admissible if made by persons specially skilled in such foreign law, science or art, or in questio…
Section 49 of Evidence Act CAP 80: 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 of Evidence Act CAP 80: 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 be written or signed that it was or was not written or signed by that person, is admissible. (2) Fo…
Section 51 of Evidence Act CAP 80: 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 existence if it existed are admissible. (2) For the purposes of subsection (1) of this section the expr…
Section 52 of Evidence Act CAP 80: 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; or (c) the meaning of words or terms used in particular districts or by particular classes of people, th…
Section 53 of Evidence Act CAP 80: 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 family or otherwise, has special means of knowledge on the subject, is admissible: Provided that su…
Section 54 of Evidence Act CAP 80: 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 of Evidence Act CAP 80: 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 appears from facts otherwise admissible. (2) In civil cases, the fact that the character of any person is…
Section 56 of Evidence Act CAP 80: Good character in criminal cases
In criminal proceedings, the fact that the person accused is of a good character is admissible.
Section 57 of Evidence Act CAP 80: Bad character in criminal cases
(1) In criminal proceedings the fact that the accused person has committed or been convicted of or charged with any offence other than that with which he is then charged, or is of bad character, is inadmissible unless— (aa) such evidence is otherwise admissible as evidence of a fact in issue or is d…