Case law
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Division and case type: CivilCivil Appeal
…In this respect I would refer to ss.13 and 51 of the Evidence Act which read: 13.…
…In proving such African customary law opinion evidence is admissible under s. 51 of the Evidence Act, 1963, and in accordance with s.60 (2) of that Act, it may also be proved by the production of a book or document." 30.…
Division and case type: CivilCivil Case
…Section 107 of the Evidence Act Cap 80, Law of Kenya provides as follows: “Burden of Proof “107 (1) Whoever desires any court to give judgment as to any legal or liability dependent on the existence of facts which he asserts…
Division and case type: CriminalCriminal Appeal
…But it has long been held in England itself that the admissibility of a confession, which in Kenya is governed by section 26 of the Evidence Act, (cap 80) is a matter for the judge alone as is shown by the following passage…