Browse an Act, find a provision and read each section in context.
Browse Acts ↓In sections 55, 56 and 57 of this Act the word “character” includes both reputation and disposition; but, except as provided in section 57, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown.
No fact of which the court shall take judicial notice need be proved.
(1) The courts shall take judicial notice of the following facts— (a) all written laws, and all laws, rules and principles, written or unwritten, having the force of law, whether in force or having such force as aforesaid before, at or after the commencement of this Act, in any part of Kenya; (b) th…
No fact need be proved in any civil proceeding which the parties thereto or their agents agree to admit at the hearing, or which before the hearing they agree, by writing under their hands, to admit, or which by any rule of pleading in force at the time they are deemed to have admitted by their plea…
All facts, except the contents of documents, may be proved by oral evidence.
(1) Oral evidence must in all cases be direct evidence. (2) For the purposes of subsection (1) of this section, “direct evidence” means— (a) with reference to a fact which could be seen, the evidence of a witness who says he saw it; (b) with reference to a fact which could be heard, the evidence of…
The contents of documents may be proved either by primary or by secondary evidence.
(1) Primary evidence means the document itself produced for the inspection of the court. (2) Where a document is executed in several parts, each part is primary evidence of the document. (3) Where a document is executed in counterpart each counterpart being executed by one or some of the parties onl…
Secondary evidence includes— (a) certified copies given under the provisions hereinafter contained; (b) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies; (c) copies made from or compared with the original;…
Documents must be proved by primary evidence except in the cases hereinafter mentioned.
(1) Secondary evidence may be given of the existence, condition or contents of a document in the following cases— (a) when the original is shown or appears to be in the possession or power of— (i) the person against whom the document is sought to be proved; or (ii) a person out of reach of, or not s…
Secondary evidence of the contents of the documents referred to in section 68(1)(a) of this Act shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his advocate, such a notice to produce i…
If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person’s handwriting must be proved to be in his handwriting.
If a document is required by law to be attested it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there is an attesting witness alive and subject to the process of the court and capable of giving evidence: Provided that…
Where evidence is required of a document which is required by law to be attested, and none of the attesting witnesses can be found, or where such witness is incapable of giving evidence or cannot be called as a witness without an amount of delay or expense which the court regards as unreasonable, it…
The admission of a party to an attested document, of its execution by himself, shall be sufficient proof of its execution as against him though it be a document required by law to be attested.
If the attesting witness denies or does not recollect the execution of a document, its execution may be proved by other evidence.
An attested document not required by law to be attested may be proved as if it was unattested.
(1) In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing or seal, admitted or proved to the satisfaction of the court to have been written or made by that person, may be compared by a witness or by t…
(1) In criminal proceedings any document purporting to be a report under the hand of a Government analyst, medical practitioner or of any ballistics expert, document examiner or geologist upon any person, matter or thing submitted to him for examination or analysis may be used in evidence. (2) The c…
(1) In criminal proceedings a certificate in the form in the First Schedule to this Act, given under the hand of an officer appointed by order of the Director of Public Prosecutions for the purpose, who shall have prepared a photographic print or a photographic enlargement from exposed film submitte…
(1) The following documents are public documents— (a) documents forming the acts or records of the acts— (i) of the sovereign authority; or (ii) of official bodies and tribunals; or (iii) of public officers, legislative, judicial or executive, whether of Kenya or of any other country; (b) public rec…
(1) Every public officer having the custody of a public document which any person has a right to inspect shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part t…
Certified copies of public documents may be produced in proof of the contents of the documents or parts of the documents of which they purport to be copies.
Without prejudice to any other mode of proof, prima facie evidence of the following public documents may be given in the manner hereinafter shown, that is to say— (a) deleted by L.N. 22/1965; (b) deleted by L.N. 22/1965; (c) proceedings of the East Africa Central Legislative Assembly, or of the legi…
(1) The court shall presume to be genuine every document purporting to be a certificate, certified copy or other document which is— (a) declared by law to be admissible as evidence of any particular fact; and (b) substantially in the form, and purporting to be executed in the manner, directed by law…
Whenever any document is produced before any court, purporting to be a record or memorandum of any evidence given in a judicial proceeding or before any officer authorized by law to take such evidence, and purporting to be signed by a judge or magistrate or any such officer as aforesaid, the court s…
The production of a copy of any written law, or of a copy of the Gazette containing any written law or any notice purporting to be made in pursuance of a written law, where such law or notice (as the case may be) purports to be printed by the Government Printer, shall be prima facie evidence in all…
(1) The court shall presume the genuineness of every document purporting to be— (a) the London Gazette, the Edinburgh Gazette, or the official Gazette of any country in the Commonwealth; (b) a newspaper or journal; (c) a document directed by any law to be kept by any person, if such document is kept…
Where any publication or part thereof indicates or purports to indicate the name of any person by or on behalf or under the sponsorship of whom, or the place at which or date on which, such publication or any part thereof was edited, printed or published or any part thereof was contributed, it shall…