Section 170 of Evidence Act CAP 80: 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, but the validity of any such objection shall be tried by the court.
(2) (a) The court, if it sees fit, may inspect the document, unless it is a document to which the provisions of section 131 of this Act are applied, or take other evidence to enable it to determine on its admissibility.
(b) If for such purpose it is necessary to cause any document to be translated, the court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence.
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- 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...