Section 23 of Evidence Act CAP 80: Admissions made without prejudice in civil cases
(1) In civil cases no admission may be proved if it is made either upon an express condition that evidence of it is not to be given or in circumstances from which the court can infer that the parties agreed together that evidence of it should not be given.
(2) Nothing in subsection (1) of this section shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under section 134 of this Act.
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 24 - Effect of admissions
Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions hereinafter contained.
- Section 25 - Confession defined
A confession comprises words or conduct, or a combination of words and conduct, from which, whether taken alone or in conjunction with other facts proved, an inference may reasonably be drawn that the...
- Section 25A - Confessions generally inadmissible
(1) A confession or any admission of a fact tending to the proof of guilt made by an accused person is not admissible and shall not be proved as against such person unless it is made in court before a...
- Section 26 - Confessions and admissions caused by inducement, threat or promise
A confession or any admission of a fact tending to the proof of guilt made by an accused person is not admissible in a criminal proceeding if the making of the confession or admission appears to the...
- Section 27 - Confession made after removal of impression caused by inducement, threat or promise
If such a confession as is referred to in section 26 of this Act is made after the impression caused by any such inducement, threat or promise has, in the opinion of the court, been fully removed, it...
- Section 28 - Repealed by Act No. 5 of 2003, s. 100.
Repealed by Act No. 5 of 2003, s. 100.
- Section 29 - Confessions to police officers
No confession made to a police officer shall be proved against a person accused of any offence unless such police officer is—
(a) of or above the rank of, or a rank equivalent to, sub-inspector; or...
- Section 30 - Repealed by Act No. 5 of 2003, s. 101.
Repealed by Act No. 5 of 2003, s. 101.
- Section 31 - Repealed by Act No. 5 of 2003, s. 102.
Repealed by Act No. 5 of 2003, s. 102.
- Section 32 - Confession implicating co-accused
(1) When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the court may take...
- Section 33 - Statement by deceased person, etc., when
Statements, written or oral, of admissible facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence or whose attendance cannot be procured, or whose...
- Section 34 - Admissibility of evidence given in previous proceedings
subsequent judicial proceeding or at a later stage in the same proceeding, for the purpose of proving the facts which it states, in the following circumstances—
(a) where the witness is dead, or...
- Section 35 - Admissibility of documentary evidence as to facts in issue
(1) In any civil proceedings where direct oral evidence of a fact would be admissible, any statement made by a person in a document and tending to establish that fact shall, on production of the...
- Section 36 - Weight to be attached to statement admissible under section 35
(1) In estimating the weight, if any, to be attached to a statement rendered admissible by section 35 of this Act, regard shall be had to all the circumstances from which any inference can reasonably...
- Section 37 - Entries in books of account
Entries in books of account regularly kept in the course of business are admissible whenever they refer to a matter into which the court has to inquire, but such statements shall not alone be...
- Section 37 - Entries in books of account
Entries in books of account regularly kept in the course of business are admissible whenever they refer to a matter into which the court has to inquire, but such statements shall not alone be...
- Section 38 - Entries in public records
An entry in any public or other official book, register or record, stating a fact in issue or a relevant fact, and made by a public servant in the discharge of his official duty, or by any other...
- Section 39 - Statements, etc., in maps, charts and plans
Statements and representations of facts in issue or relevant facts made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of any Government in...
- Section 40 - Statements of fact contained in laws and official gazettes, etc.
When the court has to form an opinion as to the existence of any fact of a public nature, any statement of it shall be admissible which is made—
(a) in any written law of Kenya, or in any notice...
- Section 41 - Statements as to law contained in books
When the court has to form an opinion as to a law of any country, any statement of such law contained in a book purporting to be printed or published under the authority of the Government of such...
- Section 42 - Extent of admissibility
When any statement of which evidence is given forms part of a longer statement, or of a conversation, or of an isolated document, or is contained in a document which forms part of a book or of a...
- Section 43 - Judgments, etc., excluding jurisdiction
The existence of any judgment, order or decree which by law prevents any court from taking cognizance of a suit or holding a trial, may be proved when the question is whether such court ought to take...
- Section 44 - Judgments in rem
(1) A final judgment, order or decree of a competent court which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or...
- Section 45 - Other judgments of a public nature
Judgments, orders or decrees, other than those mentioned in section 44 of this Act, are admissible if they relate to matters of a public nature relevant to the inquiry, but such judgments, orders or...
- Section 46 - Inadmissible judgments
Judgments, orders or decrees other than those mentioned in sections 43, 44 and 45 of this Act are inadmissible except where the existence of such judgment, order or decree is a fact in issue or is...
- Section 47 - Proof that judgment was incompetent or obtained by fraud or collusion
Any party to a suit or other proceeding may show that any judgment, order or decree which is admissible under the provisions of this Act and which has been proved by the adverse party, was delivered...
- Section 47A - Proof of guilt
A final judgment of a competent court in any criminal proceedings which declares any person to be guilty of a criminal offence shall, after the expiry of the time limited for an appeal against such...
- Section 48 - Opinions of experts
(1) When the court has to form an opinion upon a point of foreign law, or of science or art, or as to identity or genuineness of handwriting or finger or other impressions, opinions upon that point...
- Section 49 - Facts bearing upon opinions of experts
Facts not otherwise admissible are admissible if they support or are inconsistent with the opinions of experts, when such opinions are admissible.
- Section 50 - Opinion as to handwriting
(1) When the court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to...
- Section 51 - Opinion relating to customs and rights
(1) When the court has to form an opinion as to the existence of any general custom or right, the opinions as to the existence of such custom or right of persons who would be likely to know of its...
- Section 52 - Opinions of persons with special knowledge
When the court has to form an opinion as to—
(a) the usages and tenets of any association, body of men or family; or
(b) the constitution and government of any religious or charitable foundation;...
- Section 53 - Opinion on relationship
When the court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship of any person who, as a member of the...
- Section 54 - Grounds of opinion
Whenever the opinion of any living person is admissible, the grounds on which such opinion is based are also admissible.
- Section 55 - Character in civil cases
(1) In civil cases, the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him is inadmissible except in so far as such character...
- Section 56 - Good character in criminal cases
In criminal proceedings, the fact that the person accused is of a good character is admissible.
- Section 57 - Bad character in criminal cases
(1) In criminal proceedings the fact that the accused person has committed or been convicted of or charged with any offence other than that with which he is then charged, or is of bad character, is...
- Section 58 - Definition of “character”
In sections 55, 56 and 57 of this Act the word “character” includes both reputation and disposition; but, except as provided in section 57, evidence may be given only of general reputation and general...
- Section 59 - Facts judicially noticed
No fact of which the court shall take judicial notice need be proved.
- Section 60 - Facts of which court shall take judicial notice
(1) The courts shall take judicial notice of the following facts—
(a) all written laws, and all laws, rules and principles, written or unwritten, having the force of law, whether in force or having...
- Section 61 - Facts admitted in civil proceedings
No fact need be proved in any civil proceeding which the parties thereto or their agents agree to admit at the hearing, or which before the hearing they agree, by writing under their hands, to admit,...
- Section 62 - Oral evidence
All facts, except the contents of documents, may be proved by oral evidence.
- Section 63 - Oral evidence must be direct
(1) Oral evidence must in all cases be direct evidence.
(2) For the purposes of subsection (1) of this section, “direct evidence” means—
(a) with reference to a fact which could be seen, the...
- Section 64 - Proof of contents of documents
The contents of documents may be proved either by primary or by secondary evidence.
- Section 65 - Primary evidence
(1) Primary evidence means the document itself produced for the inspection of the court.
(2) Where a document is executed in several parts, each part is primary evidence of the document.
(3) Where...
- Section 66 - Secondary evidence
Secondary evidence includes—
(a) certified copies given under the provisions hereinafter contained;
(b) copies made from the original by mechanical processes which in themselves ensure the...
- Section 67 - Proof of documents by primary evidence
Documents must be proved by primary evidence except in the cases hereinafter mentioned.
- Section 68 - Proof of documents by secondary evidence
(1) Secondary evidence may be given of the existence, condition or contents of a document in the following cases—
(a) when the original is shown or appears to be in the possession or power of—...
- Section 69 - Notice to produce a document
Secondary evidence of the contents of the documents referred to in section 68(1)(a) of this Act shall not be given unless the party proposing to give such secondary evidence has previously given to...
- Section 70 - Proof of allegation that persons signed or wrote a document
If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person’s...