Section 166 of Evidence Act CAP 80: 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 cross-examination the truth of the matter suggested, may be proved either to contradict or to show consistency, or in order to impeach or confirm the credit of the person by whom it was made.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- 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...