Section 97 of Evidence Act CAP 80: Written contracts and grants
(1) When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions of this Act.
(2) Notwithstanding the provisions of subsection (1) of this section—
(a) wills admitted to probate in Kenya may be proved by the probate;
(b) when a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved.
(3) Subsection (1) of this section applies equally to cases in which contracts, grants or dispositions of property referred to are contained in one document, and to cases in which they are contained in more documents than one.
(4) Where there are more originals than one, one original only need be proved.
(5) The statement, in any document whatever, of a fact other than the facts referred to in subsection (1) of this section, shall not preclude the admission of oral evidence as to the same fact.
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- Section 98 - Evidence of oral agreement
When the terms of any contract or grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to section 97 of this Act,...
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- Section 100 - Evidence to show inapplicability
When language used in a document is plain, and it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts.
- Section 101 - Evidence to explain a latent ambiguity
When language used in a document is plain, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense.
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- Section 105 - Evidence of variation given by third parties
Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document.
- Section 106 - Wills
Nothing in this Part shall affect the law relating to the interpretation and construction of wills or other testamentary dispositions.
- Section 106A - Section 106B to apply in proof of electronic records
The contents of electronic records may be proved in accordance with the provisions of section 106B.
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Except in the case of a secure signature, if the electronic signature of any subscriber is alleged to have been affixed to an electronic record, then the fact that such an electronic signature is the...
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A court shall presume that every electronic record purporting to be an agreement containing the electronic signatures of the parties was concluded by affixing the digital signature of the parties.
- Section 106G - Presumption as to electronic records and electronic signatures
(1) In any proceedings involving a secure electronic record, the court shall presume, unless the contrary is proved, that the secure electronic record has not been altered since the specific point of...
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A court shall presume, unless the contrary is proved, that the information listed in an electronic signature certificate is correct, except for information, which has not been verified, if the...
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(2) When a person is bound...
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The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.
- Section 109 - Proof of particular fact
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The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence.
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- Section 113 - 113. Repealed by Act No. 14 of 1972, Ninth Sch.
113. Repealed by Act No. 14 of 1972, Ninth Sch.
- Section 114 - 114. Repealed by Act No. 14 of 1972, Ninth Sch.
114. Repealed by Act No. 14 of 1972, Ninth Sch.
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No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it:
Provided that the acceptor of a bill of exchange may deny that the bill...
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- Section 126 - Dumb witnesses
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(2) In criminal proceedings every person charged with an offence,...
- Section 128 - Compellability of ordinary witnesses
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- Section 132 - Privilege of official communications
No public officer shall be compelled to disclose communications made by any person to him in the course of his duty, when he considers that the public interest would suffer by the disclosure.
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