Browse an Act, find a provision and read each section in context.
Browse Acts ↓A witness may testify to facts mentioned in any such writing as is referred to in section 167 of this Act although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document.
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 fit…
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 j…
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 (c) the…
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, un…
(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 or…
(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 commencem…
1. (1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution. (2) The people may exercise their sovereign power either directly or through theirdemocratically elected representatives. (3) Sovereign power under this Constitution is delegat…
2. (1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government. (2) No person may claim or exercise State authority except as authorised underthis Constitution. (3) The validity or legality of this Constitution is not subject to ch…
3. (1) Every person has an obligation to respect, uphold and defend this Constitution. (2) Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.
4. (1) Kenya is a sovereign Republic. (2) The Republic of Kenya shall be a multi-party democratic State founded on the national values and principles of governance referred to in Article 10.
5. Kenya consists of the territory and territorial waters comprising Kenya on theeffective date, and any additional territory and territorial waters as defined by an Act of Parliament.
6. (1) The territory of Kenya is divided into the counties specified in the FirstSchedule. (2) The governments at the national and county levels are distinct and interdependent and shall conduct their mutual relations on the basis of consultation and cooperation. (3) A national State organ shall ens…
7. (1) The national language of the Republic is Kiswahili. (2) The official languages of the Republic are Kiswahili and English. (3) The State shall— (a) promote and protect the diversity of language of the people of Kenya; and (b) promote the development and use of indigenous languages, Kenyan Sign…
8. There shall be no State religion.
9. (1) The national symbols of the Republic are—(a) the national flag; (b) the national anthem; (c) the coat of arms; and (d) the public seal. (2) The national symbols are as set out in the Second Schedule. (3) The national days are— (a) Madaraka Day, to be observed on 1st June; (b) Mashujaa Day, to…
10. (1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them— (a) applies or interprets this Constitution; (b) enacts, applies or interprets any law; or (c) makes or implements public policy decis…
11. (1) This Constitution recognises culture as the foundation of the nation and as the cumulative civilization of the Kenyan people and nation. (2) The State shall— (a) promote all forms of national and cultural expression through literature, the arts, traditional celebrations, science, communicati…
12. (1) Every citizen is entitled to— (a) the rights, privileges and benefits of citizenship, subject to the limits provided or permitted by this Constitution; and (b) a Kenyan passport and any document of registration or identification issued by the State to citizens. (2) A passport or other docume…
13. (1) Every person who was a citizen immediately before the effective date retains the same citizenship status as of that date. (2) Citizenship may be acquired by birth or registration. (3) Citizenship is not lost through marriage or the dissolution of marriage.
14. (1) A person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen. (2) Clause (1) applies equally to a person born before the effective date, whetheror not the person was born in Kenya, if ei…