Section 40 of Evidence Act CAP 80: 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 purporting to be made in pursuance of any such written law, where the law or notice (as the case may be) purports to be printed by the Government Printer; or
(b) in any written law in force in any country in the Commonwealth, or in any notice purporting to be made in pursuance of any such written law, where the law or notice (as the case may be) purports to be printed or published by or under the authority of the Government of that country.
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- 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...
- Section 71 - Proof of execution of document required by law to be attested
If a document is required by law to be attested it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there is an attesting...
- Section 72 - Proof where no attesting witness found
Where evidence is required of a document which is required by law to be attested, and none of the attesting witnesses can be found, or where such witness is incapable of giving evidence or cannot be...
- Section 73 - Admission of execution of attested document
The admission of a party to an attested document, of its execution by himself, shall be sufficient proof of its execution as against him though it be a document required by law to be attested.
- Section 74 - Proof where attesting witness denies execution
If the attesting witness denies or does not recollect the execution of a document, its execution may be proved by other evidence.
- Section 75 - Proof of document not required to be attested
An attested document not required by law to be attested may be proved as if it was unattested.
- Section 76 - Comparison of signatures, seals, etc.
(1) In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing or seal, admitted or proved to the...
- Section 77 - Reports by Government analysts and geologists
(1) In criminal proceedings any document purporting to be a report under the hand of a Government analyst, medical practitioner or of any ballistics expert, document examiner or geologist upon any...
- Section 78 - Photographic evidence—admissibility of certificate
(1) In criminal proceedings a certificate in the form in the First Schedule to this Act, given under the hand of an officer appointed by order of the Director of Public Prosecutions for the purpose,...
- Section 79 - Distinction between public and private documents
(1) The following documents are public documents— (a) documents forming the acts or records of the acts— (i) of the sovereign authority; or
(ii) of official bodies and tribunals; or
(iii) of...
- Section 80 - Certified copies of public documents
(1) Every public officer having the custody of a public document which any person has a right to inspect shall give that person on demand a copy of it on payment of the legal fees therefor, together...
- Section 81 - Proof by certified copies
Certified copies of public documents may be produced in proof of the contents of the documents or parts of the documents of which they purport to be copies.
- Section 82 - Proof of certain public documents
Without prejudice to any other mode of proof, prima facie evidence of the following public documents may be given in the manner hereinafter shown, that is to say—
(a) deleted by L.N. 22/1965;...
- Section 83 - Certified documents
(1) The court shall presume to be genuine every document purporting to be a certificate, certified copy or other document which is—
(a) declared by law to be admissible as evidence of any particular...
- Section 84 - Records of evidence
Whenever any document is produced before any court, purporting to be a record or memorandum of any evidence given in a judicial proceeding or before any officer authorized by law to take such...
- Section 85 - Gazette, etc., to be prima facie evidence
The production of a copy of any written law, or of a copy of the Gazette containing any written law or any notice purporting to be made in pursuance of a written law, where such law or notice (as the...
- Section 86 - Gazettes, newspapers and documents produced from proper custody
(1) The court shall presume the genuineness of every document purporting to be—
(a) the London Gazette, the Edinburgh Gazette, or the official Gazette of any country in the Commonwealth;
(b) a...
- Section 87 - Publications generally
Where any publication or part thereof indicates or purports to indicate the name of any person by or on behalf or under the sponsorship of whom, or the place at which or date on which, such...
- Section 88 - Documents admissible in England
When any document is produced before any court, purporting to be a document which, by the law in force for the time being in England, would be admissible in proof of any particular in any Court of...
- Section 89 - Maps or plans
(1) The court shall presume that maps or plans purporting to be made or published by the authority of the Government, or any department of the Government, of any country in the Commonwealth were so...