- Section 89 of Evidence Act CAP 80: 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 made or published and are accurate.
(2) Maps or plans specially made for the purposes of any cause...
- Section 90 of Evidence Act CAP 80: Law and judicial reports
The court shall presume the genuineness of every book purporting to be printed or published under the authority of the Government of any country and to contain any of the laws of that country, and of every book purporting to contain reports of decisions of the courts of any country.
- Section 91 of Evidence Act CAP 80: Powers of attorney
The court shall presume that every document purporting to be a power of attorney, and to have been executed before and authenticated by a notary public or commissioner for oaths or any court, judge, magistrate, or Kenya consular officer or diplomatic agent, was so executed and authenticated.
- Section 92 of Evidence Act CAP 80: Certified copies of foreign judicial records
The court may presume that any document purporting to be a copy of a judgment or judicial record of any country not forming part of the Commonwealth is genuine and accurate, and that such judgment or record was pronounced or recorded by a court of competent jurisdiction, if the document purports to...
- Section 93 of Evidence Act CAP 80: Books, maps and charts
The court may presume that any book, to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are admissible facts and which is produced for its inspection, was written and published by the person and at the time and...
- Section 94 of Evidence Act CAP 80: Telegraphic messages
The court may presume that a message forwarded from a telegraph office to the person to whom such message purports to be addressed, corresponds with a message delivered for transmission at the office from which the message purports to be sent; but the court shall not make any presumption as to the...
- Section 95 of Evidence Act CAP 80: Presumption as to due execution, etc.
The court shall presume that every document called for and not produced after notice to produce was attested, stamped and executed in the manner required by the law.
- Section 96 of Evidence Act CAP 80: Documents twenty years old
(1) Where any document purporting or proved to be not less than twenty years old is produced from any custody which the court in the particular case considers proper, the court may presume that the signature and every other part of such document, which purports to be in the handwriting of any...
- Section 97 of Evidence Act CAP 80: Written contracts and grants
(1) When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract,...
- Section 98 of Evidence Act CAP 80: Evidence of oral agreement
When the terms of any contract or grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to section 97 of this Act, no evidence of any oral agreement or statement shall be admitted as between the parties to any such...
- Section 99 of Evidence Act CAP 80: Evidence to explain a patent ambiguity
When the language used in a document is on the face of it ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects.
- Section 100 of Evidence Act CAP 80: Evidence to show inapplicability
When language used in a document is plain, and it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts.
- Section 101 of Evidence Act CAP 80: Evidence to explain a latent ambiguity
When language used in a document is plain, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense.
- Section 102 of Evidence Act CAP 80: Evidence of application to one of several subjects
When the facts are such that the language used in a document might have been meant to apply to any one, and could not have been meant to apply to more than one of several persons or things, evidence may be given of facts which show to which of those persons or things it was intended to apply.
- Section 103 of Evidence Act CAP 80: Evidence of application to one of several sets of facts
When the language used in a document applies partly to one set of existing facts, and partly to another, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply.
- Section 104 of Evidence Act CAP 80: Evidence to explain special words
Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and, provincial expressions, of abbreviations and of words used in a peculiar sense.
- Section 105 of Evidence Act CAP 80: Evidence of variation given by third parties
Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document.
- Section 106 of Evidence Act CAP 80: Wills
Nothing in this Part shall affect the law relating to the interpretation and construction of wills or other testamentary dispositions.
- Section 106A of Evidence Act CAP 80: Section 106B to apply in proof of electronic records
The contents of electronic records may be proved in accordance with the provisions of section 106B.
- Section 106B of Evidence Act CAP 80: Admissibility of electronic records
(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on paper, stored, recorded or copied on optical or electro-magnetic media produced by a computer (herein referred to as computer output) shall be deemed to be also a document, if...
- Section 106C of Evidence Act CAP 80: Proof as to a electronic signature
Except in the case of a secure signature, if the electronic signature of any subscriber is alleged to have been affixed to an electronic record, then the fact that such an electronic signature is the electronic signature of the subscriber must be proved.
- Section 106D of Evidence Act CAP 80: Proof as to the verification of electronic signature
In order to ascertain whether an electronic signature is that of a person by whom it purports to have been affixed, the court may direct—
(a) that person or the certification service provider to produce the electronic signature certificate; or
(b) any other person to apply the procedure listed...
- Section 106E of Evidence Act CAP 80: Presumption as to Gazette in electronic form
A court shall take recognizance of every electronic record purporting to be the official Gazette, or purporting to be electronic record directed by any law to be kept by any person, if such electronic record is kept substantially in the form required by law and is produced from its proper custody.
- Section 106F of Evidence Act CAP 80: Presumption as to electronic agreements
A court shall presume that every electronic record purporting to be an agreement containing the electronic signatures of the parties was concluded by affixing the digital signature of the parties.
- Section 106G of Evidence Act CAP 80: Presumption as to electronic records and electronic signatures
(1) In any proceedings involving a secure electronic record, the court shall presume, unless the contrary is proved, that the secure electronic record has not been altered since the specific point of time the secure electronic signature was affixed.
(2) In any proceedings involving secure...
- Section 106H of Evidence Act CAP 80: Presumption as to electronic signature certificates
A court shall presume, unless the contrary is proved, that the information listed in an electronic signature certificate is correct, except for information, which has not been verified, if the certificate was accepted by the subscriber.
- Section 106I of Evidence Act CAP 80: Presumption as to electronic messages
A court may presume that an electronic message forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission, but the court shall not make any presumption as to the...
- Section 107 of Evidence Act CAP 80: Burden of proof
(1) Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist.
(2) When a person is bound to prove the existence of any fact it is said that the burden of proof lies on that person.
- Section 108 of Evidence Act CAP 80: Incidence of burden
The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.
- Section 109 of Evidence Act CAP 80: Proof of particular fact
The burden of proof as to any particular fact lies on the person who wishes the court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.