Section 144 of Evidence Act CAP 80: Court to decide as to the admissibility of evidence
(1) When either party proposes to give evidence of any fact, the court may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be admissible.
(2) The court shall admit the evidence of any fact if it thinks that the fact, if proved, would be admissible and not otherwise.
(3) If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last mentioned fact must be proved before evidence is given of the fact first mentioned, unless the party undertakes to give proof of such fact and the court is satisfied with such undertaking.
(4) If the admissibility of one alleged fact depends upon another alleged fact being first proved, the court may, in its discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact.
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- Section 145 - Type of examination of witnesses
(1) The examination of a witness by the party who calls him shall be called his examination-in-chief.
(2) The examination of a witness by the adverse party shall be called his cross-examination....
- Section 146 - Order and direction of examinations
(1) Witnesses shall first be examined-in-chief, then, if the adverse party so desires, cross-examined, then, if the party calling them so desires, re-examined.
(2) Subject to the following...
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- Section 148 - Witness to character
A witness to character may be cross-examined and re-examined.
- Section 149 - Meaning of leading question
Any question suggesting the answer which the person putting it wishes or expects to receive, or suggesting a disputed fact as to which the witness is to testify, is a leading question.
- Section 150 - Leading questions in examination-in-chief and re-examination
(1) Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief or in a re-examination, except with the permission of the court.
(2) The court shall permit...
- Section 151 - Leading questions in cross-examination
Leading questions may be asked in cross-examination.
- Section 152 - Examination as to whether certain formal matters are contained in writing
Any witness may be asked, whilst under examination, whether any contract or grant or other disposition of property as to which he is giving evidence was not contained in a document, but if he says...
- Section 153 - Cross-examination as to previous written statements
A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him or being proved,...
- Section 154 - Cross-examination as to credibility
When a witness is cross-examined he may, in addition to the questions hereinbefore referred to, be asked any questions which tend—
(a) to test his accuracy, veracity or credibility;
(b) to...
- Section 155 - Compulsion to answer questions as to credit
If any question asked under paragraph (c) of subsection 154 of this Act for the purpose of affecting the credit of the witness relates to a matter relevant to the suit or proceeding, the provisions of...
- Section 156 - Cross-examination of accused person
A person charged with an offence and called as a witness for the defence may be asked any question in cross-examination notwithstanding that the answer may tend to incriminate him as to the offence...
- Section 157 - Discretion of court to compel witness to answer question as to credit
(1) If any question asked relates to a matter not relevant to the suit or proceeding except in so far as it affects the credit of the witness by injuring his character, the court shall decide whether...
- Section 158 - Necessity for grounds before attacking character
No such question as is referred to in section 157 of this Act ought to be asked unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well founded.
- Section 159 - Indecent or scandalous questions
The court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the court, unless they...
- Section 160 - Insulting or annoying questions
The court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the court needlessly offensive in form.
- Section 161 - Discretion to allow cross-examination of own witness
The court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party.
- Section 162 - Exclusion of evidence to contradict a witness
When a witness has been asked and has answered any question which is relevant to the proceedings only in so far as it tends to shake his credit by injuring his character, no evidence shall be given to...
- Section 163 - Evidence to impeach the credit of a witness
(1) The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the court, by the party who calls him—
(a) by the evidence of persons who testify...
- Section 164 - Circumstantial questions to confirm evidence
When a witness the truthfulness of whose evidence it is intended to confirm gives evidence of any fact, he may be questioned as to any other circumstances which he observed at or near the time or...
- Section 165 - Proof of consistency by former statements
In order to show that the testimony of a witness is consistent any former statement made by such witness, whether written or oral, relating to the same fact at or about the time when the fact took...
- Section 166 - Evidence to test statement of person not available as witness
Whenever any statement admissible under section 33 or section 34 of this Act is proved, all matters which might have been proved if that person had been called as a witness and had denied upon...
- Section 167 - Refreshing memory by reference to contemporaneous writing
(1) A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or made so soon afterwards...
- Section 168 - Reference to accurate contemporaneous record though facts themselves not specifically recalled
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...
- Section 169 - Rights of adverse party as to contemporaneous writing
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...
- Section 170 - Production of documents of doubtful admissibility
(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,...
- Section 171 - Document produced in answer to notice to be given as evidence if required
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...
- Section 172 - Consequence of refusal to produce document in answer to notice
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.
- Section 173 - Extended powers of court for purpose of obtaining proper evidence
(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...
- Section 174 - Deleted by Act No. 7 of 2007, Sch.
Deleted by Act No. 7 of 2007, Sch.
- Section 175 - Effect of improper admission or rejection
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...
- Section 176 - Mode of proof of entries in bankers’ books
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,...
- Section 177 - Proof and verification of copy
(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...
- Section 178 - Restriction on compelling production of banker’s book
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...
- Section 179 - Inspection of bankers’ books
(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...
- Section 180 - Warrant to investigate
(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...
- Section 181 - Costs
(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...
- Section 182 - Saving for other laws
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.
- Section 185 - Cessation of application of Indian Evidence Act
(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...