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The Evidence Act-Kenya

 The Evidence Act is a piece of legislation in Kenya that governs the rules and procedures related to the admissibility and presentation of evidence in legal proceedings. It provides guidelines on how evidence is to be collected, presented, and evaluated in both civil and criminal cases.

The Evidence Act in Kenya is based on the Evidence Act, Chapter 80 of the Laws of Kenya. It covers a wide range of topics related to evidence, including:

Relevance and Admissibility: The Act defines what evidence is relevant and admissible in court. It sets out the criteria for determining whether evidence is admissible or not, such as whether it is directly related to the facts in issue and whether it is legally obtained.

Types of Evidence: The Act recognizes various types of evidence that can be presented in court, including oral testimony, documentary evidence, expert opinion, electronic records, and real evidence (physical objects).

Burden and Standard of Proof: The Act specifies the burden of proof that rests on the parties in a legal proceeding. It also sets the standard of proof required, such as proof beyond a reasonable doubt in criminal cases and proof on a balance of probabilities in civil cases.

Witnesses: The Act provides rules and procedures regarding witnesses, including their competency, examination-in-chief, cross-examination, and re-examination. It also addresses issues related to the competency and compellability of witnesses, privilege, and the examination of special categories of witnesses, such as children or vulnerable individuals.

Hearsay: The Act deals with the admissibility of hearsay evidence, which is a statement made by someone other than the person giving the evidence and offered to prove the truth of the matter stated. It outlines exceptions to the general rule against hearsay and provides guidelines on when hearsay evidence may be admissible.

Opinion Evidence: The Act addresses the admissibility of opinion evidence, including expert opinions. It sets out the requirements for an expert witness to qualify as an expert and provides guidelines on the presentation and evaluation of expert evidence.

Privileged Communications: The Act recognizes certain privileged communications that are protected from disclosure in court. These include lawyer-client privilege, doctor-patient privilege, and spousal privilege, among others.

Presumptions: The Act establishes various legal presumptions that may affect the burden of proof in certain circumstances. These presumptions allow the court to infer certain facts based on the existence of other facts.


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