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The Evidence Act of Kenya: CAP 80.

The Evidence Act is a law in Kenya that governs the admissibility and use of evidence in court proceedings. The act provides rules and procedures for the collection, presentation, and evaluation of evidence in both criminal and civil cases. Some of the key provisions of the Evidence Act in Kenya include:

1. Admissibility of Evidence: The act provides rules for determining the admissibility of evidence in court, including the types of evidence that are admissible and those that are not. For example, hearsay evidence is generally not admissible except in certain circumstances.

2. Burden of Proof: The act sets out the burden of proof in criminal and civil cases, specifying which party has the responsibility of proving their case.

3. Witness Testimony: The act provides rules for the examination and cross-examination of witnesses, including the use of leading questions and the competency of witnesses.

4. Documentary Evidence: The act sets out the rules for the admissibility of documentary evidence, including the authentication and proof of documents.

5. Expert Evidence: The act provides guidelines for the admissibility and weight of expert evidence, including the qualifications of the expert and the reliability of the evidence.

6. Presumption of Fact: The act establishes certain presumptions of fact that can be used in court proceedings, including presumptions related to the validity of official documents and the ownership of property.

The Evidence Act in Kenya plays a critical role in ensuring that evidence presented in court is reliable and admissible, and that justice is served fairly and impartially.

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