Professional statute overview
Enactment structure, operative effect and source provenance
01
Purpose and legislative effect
“This Act may be cited as the Evidence Act.”
This Act may be cited as the Evidence Act. The Act applies to all judicial proceedings in or before any court except a Kadhi’s court and does not apply to proceedings before an arbitrator; it also applies to affidavits presented to any court, subject to other Acts and rules of court. Defines terms including "admissible", "advocate", and "bank", and sets when a fact is proved, disproved, or not proved. Section 4 instructs how courts are to treat presumptions of fact: courts may treat a presumed fact as proved (or call for proof), shall treat a presumed fact as proved when so directed, and treats one fact declared conclusive of another as proof of the other, disallowing evidence to disprove it. Statements, actions or writings by one conspirator about their common intention (after the intention is first entertained) are admissible as relevant facts against each person believed to be conspiring, both to prove the conspiracy and to show participation.
02
How the instrument operates
- 01
Start with the recorded version
As at 11 Dec 2023. The date shown identifies this source expression and should not be treated as proof that no later change exists.
- 02
Locate the controlling provision
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- 03
Read conditions and exceptions together
Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
- 04
Verify currency and official wording
Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.
03
Research entry points
Selected provisions across the instrument. Open any row to continue with the exact stored text.
This Act may be cited as the Evidence Act.
Section 1
When a statement forms part of a longer statement, conversation, document, book or series, only so much and no more of that material should be given in evidence as the court considers necessary in the particular case to understand the statement.
Section 42
The court may presume that a telegraphic message forwarded to an addressee corresponds with the message sent from the sending office, but the court shall not presume who delivered the message for transmission.
Section 94
Advocates are prohibited from disclosing client communications, documents or advice obtained in the course of employment unless the client expressly consents; two specific exceptions apply and the protection continues after the employment ends.
Section 134
From the commencement of this Act, the Evidence Act, 1872 (No. 1 of 1872) of India shall cease to extend or apply to Kenya.
Section 183
04
Source and current-law status
Source record view
Source record from new.kenyalaw.org · As at 11 Dec 2023
The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.