Section 167 of Evidence Act CAP 80: 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 that the court considers it likely that the transaction was at that time fresh in his memory.
(2) A witness may, while under examination, refresh his memory by referring to any writing made by any other person and read by the witness within the time mentioned in subsection (1) of this section, if when he read it he knew it to be correct.
(3) Whenever a witness may refresh his memory by reference to any writing, he may, with the permission of the court, refer to a copy of such writing, if the court is satisfied that there is sufficient reason for the non-production of the original.
(4) An expert may refresh his memory by reference to professional treatises.
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- 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...