Section 2 of Evidence Act CAP 80: Application
(1) This Act shall apply to all judicial proceedings in or before any court other than a Khadi’s court, but not to proceedings before an arbitrator.
(2) Subject to the provisions of any other Act or of any rules of court, this Act shall apply to affidavits presented to any court.
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- Section 3 - Interpretation
(1) In this Act, unless the context otherwise requires—
“admissible” means admissible in evidence;
“advocate” has the meaning ascribed to that expression in the Advocates
Act (Cap....
- Section 4 - Presumptions of fact
(1) Whenever it is provided by law that the court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it.
(2) Whenever it is...
- Section 5 - General restriction of admissibility of evidence
Subject to the provisions of this Act and of any other law, no evidence shall be given in any suit or proceeding except evidence of the existence or nonexistence of a fact in issue, and of any other...
- Section 6 - Facts forming part of the same transaction
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant whether they occurred at the same time and place or at different times and...
- Section 7 - Facts causing or caused by other facts
Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts or facts in issue, or which constitute the state of things under which they happened or which afforded an...
- Section 8 - Facts relating to motive, preparation and conduct
(1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.
(2) The conduct of any party, or of any agent of a party, to any suit or...
- Section 9 - Explanatory or introductory facts, etc.
Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by such a fact, or which establish the identity of any thing or person whose...
- Section 10 - . Statements and actions referring to common intention
Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in...
- Section 11 - Facts inconsistent with, or affecting probability of, other facts Facts
not otherwise relevant are relevant—
(a) if they are inconsistent with any fact in issue or relevant fact; or
(b) if by themselves or in connection with other facts they make the existence or...
- Section 12 - Facts affecting quantum of damages
In suits in which damages are claimed, any fact which will enable the court to determine the amount of damages which ought to be awarded is relevant.
- Section 13 - Facts affecting existence of right or custom
Where the existence of any right or custom is in question, the following facts are relevant—
(a) any transaction by which the right or custom in question was created, claimed, modified, recognized,...
- Section 14 - . Facts showing state of mind or feeling
(1) Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will towards any particular person, or showing the existence of...
- Section 15 - Facts showing system
When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each...
- Section 16 - Facts showing course of business
When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is relevant.
- Section 17 - Admissions defined generally
An admission is a statement, oral or documentary, which suggests any inference as to a fact in issue or relevant fact, and which is made by any of the persons and in the circumstances hereinafter...
- Section 18 - Statements by party to suit or agent or interested person
(1) Statements made by a party to the proceeding, or by an agent to any such party, whom the court regards in the circumstances of the case as expressly or impliedly authorized by him to make them,...
- Section 19 - Statements by persons whose position or liability must be proved as against party to suit
Statements made by persons whose position or liability it is necessary to prove as against any party to a suit, are admissions if such statements would be admissible as against such persons in...
- Section 20 - Statements by persons expressly referred to by party to suit
Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.
- Section 21 - Proof of admissions against persons making them, and by or on their behalf
Subject to the provisions of this Act, an admission may be proved as against the person who makes it or his representative in interest; but an admission cannot be proved by or on behalf of the person...
- Section 22 - Oral admissions as to contents of documents
Oral admissions as to the contents of a document may not be proved unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such...
- Section 23 - 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...
- 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.