Law of Evidence: Hearsay Evidence Quiz

What is the legal definition of 'hearsay' in the context of Kenyan evidence law?

Evidence based on what the witness has heard from others.Second-hand information that a person has no direct knowledge of.Statements made out of court that are presented to prove the truth of the matter asserted.Any evidence not originating from a direct source.

Which of the following is an exception to the hearsay rule under Kenyan law?

A statement made by a person who is currently available for cross-examination.A statement made under the belief of impending death.A statement that the witness overheard in a public place.A statement made by a person in a position of authority.

What is the primary rationale for the exclusion of hearsay evidence in Kenyan courts?

To prevent the court from being overburdened with evidence.To avoid the risk of admitting unreliable evidence.To streamline the legal process and save time.To uphold the rights of the accused.

What does the doctrine of 'res gestae' permit in the context of hearsay evidence in Kenyan law?

Admission of statements related to the start of a legal action.Admission of statements that are part of the same transaction.Exclusion of all hearsay evidence without exception.Admission of evidence that has significant probative value.

How are public records treated as an exception to the hearsay rule in Kenya?

Public records are not admissible under any circumstances.Public records are admissible if they pertain to public matters recorded by a public officer.Public records are admissible only if they are older than 30 years.Public records are admissible when they are accompanied by a certificate of authenticity.

Under what condition are statements in documents relating to any act of the Kenyan government admissible as an exception to hearsay?

When the government authorizes the use of such statements.When the document is over 20 years old.When the statements are made during the course of duty.When the document is presented by a public officer in court.

Which statements against interest are admissible as an exception to the hearsay rule in Kenyan evidence law?

Any statement that portrays the declarant in a negative light.Statements made against the pecuniary or proprietary interest of the declarant.Statements that are unfavorable to the declarant's friend or family member.Any statement that the declarant has apologized for.

What is the criterion for the admissibility of business records under the hearsay exception in Kenyan law?

The records must have been created at the time of the event they describe.The records must be accompanied by a sworn statement from the business owner.The records must be older than 10 years to be considered reliable.The records must have been audited by an official government auditor.

How does Kenyan evidence law treat multiple hearsay?

It is inadmissible as it is considered too unreliable.It is admissible if each layer of hearsay falls within an exception.It is admissible if the original speaker can be brought to court.It is only admissible in civil cases, not criminal cases.

When are statements by co-conspirators admissible under the hearsay exception in Kenya?

At any time, as long as the co-conspirator is identified.Only during the planning phase of the conspiracy.When the statements are made in furtherance of the conspiracy.After the conspiracy has ended and the co-conspirator has been apprehended.

Under what condition are admissions by a party-opponent an exception to the hearsay rule in Kenya?

When the admission is made during the legal proceedings.When the admission is made in a formal written statement.When the admission is against the party's own interest at the time it was made.When the admission is related to a criminal charge.

What are the conditions for the admissibility of prior testimony as an exception to the hearsay rule in Kenyan courts?

The testimony must have been given in a previous legal proceeding.The witness must be unavailable to testify in the current proceeding.The party against whom the testimony is offered had an opportunity to cross-examine the witness.All of the above.

In Kenyan evidence law, what is an 'excited utterance' and when is it admissible?

A statement made by a person while in a state of excitement or stress.A statement made immediately after an event causing excitement or stress.A statement that is considered spontaneous and related to a startling event.All of the above.

What constitutes a 'present sense impression' in the context of hearsay exceptions in Kenya?

A statement describing an event made while the event is occurring.A statement made immediately after the declarant perceived the event.A statement made by a witness recalling an event they previously witnessed.A and B only.

How is reputation evidence concerning a person’s character treated under the hearsay exceptions in Kenyan law?

It is always admissible as it speaks to a person’s character.It is admissible in civil cases but not in criminal cases.It is admissible when it is relevant to the case and the person's character is in question.It is never admissible as it is considered inherently unreliable.