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Section 3 of Evidence Act CAP 80: 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. 16), and includes any person entitled, pursuant to section 9 of that
Act, to act as an advocate, whilst so acting in connection with the duties of his
office;
“bank” means a person or company or other body of persons carrying on,
whether on his or their own behalf or as agent for another, any banking
business (as defined in section 2 of the Banking Act (Cap. 488)), and
includes—
(a) a financial institution within the meaning of section 2 of the Banking
Act (Cap. 488);
(b) the Kenya Post Office Savings Bank established by the Kenya Post
Office Savings Bank Act (Cap. 493B);
(c) the Co-operative Bank of Kenya Limited; and
(d) for the purposes of subsections 176 and 177, any person or
company or other body of persons carrying on banking business in
Tanzania or Uganda;
“banker’s book” includes a ledger, day book, cash book, account book,
and any other book used in the ordinary business of the bank, whether in written form or micro-film, magnetic tape or any other form of mechanical or
electronic data retrieval mechanism whether kept in written form or printouts
or electronic form;
“computer” means any device that receives, stores and processes data,
or information applying stipulated processes to the data and supplying results
of that data or information; and any reference to information being derived
from other information shall be construed to include a reference to its being
derived therefrom by calculation, comparison or any other process;
“court” includes all judges and magistrates, and persons, except
arbitrators, legally authorized to take evidence;
“evidence” denotes the means by which an alleged matter of fact, the
truth of which is submitted to investigation, is proved or disproved; and,
without prejudice to the foregoing generality, includes statements by accused
persons, admissions, and observation by the court in its judicial capacity;
“fact” includes—
(a) any thing, state of things, or relation of things, capable of being
perceived by the senses; and
(b) any mental condition of which any person is conscious;
“fact in issue” means any fact from which, either by itself or in connection
with other facts, the existence, non-existence, nature or extent of any right,
liability or disability, asserted or denied in any suit or proceeding, necessarily
follows;
“Gazette” and “Government Printer” deleted by Act No. 7 of 1990, Sch.;
“public officer” deleted by Act No. 7 of 1990, Sch.
(2) A fact is proved when, after considering the matters before it, the court
either believes it to exist, or considers its existence so probable that a prudent
man ought, in the circumstances of the particular case, to act upon the
supposition that it exists.
(3) A fact is disproved when, after considering the matters before it, the court
either believes that it does not exist, or considers its non-existence so probable
that a prudent man ought, in the circumstances of the particular case, to act upon
the supposition that it does not exist.
(4) A fact is not proved when it is neither proved nor disproved.

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Disclaimer: This document is not to be taken as legal advise.

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