The law and practice of evidence in kenya pdf

Since the development of opposition to recent changes in kenya s constitutional and political systems, mr. Apr 27, 20 the evidence act does not define corroboration. Click on the links below to read the relevant lecture notes that will assist you with your law studies. Rules of hearsay and documentary evidence in kenya harry. To therefore understand land law and conveyancing, one must seek to demystify its historical foundations. Proof of execution of document required by law to be attested. The appellants complaints are that photographic prints were improperly admitted and used in evidence contrary to section 78 of the evidence act. Evidence is derived from deductive reasoning, logical inference, and supposition. An act of parliament to declare the law of evidence act no. Reforming the law of evidence demands that attention be given to the. When is secondary evidence of documents permissible use of extrinsic evidence in interpretation of documents. Sections 65, 66 79 the whole question of how proof of documentary evidence differs from oral evidence. You will be penalized for not answering question 1 1. How do you prove a private document from a public document.

Question three the general rule is that a party seeking to rely upon the contents of a document must adduce primary evidence of those contents. The rule of law in kenya and the status of human rights gibson kamau kuria currently lives in the united states as apolitical exile from his homeland, kenya. Many social work clients are involved in legal systems, such as child protection, criminal justice, or mental health. How has customary law been recognized or applied in other areas of law, such as family law, the law of succession, the law of land tenure and natural resources, constitutional law, human rights law and criminal law, as well as the law and practice of dispute resolution in general. The pdf version of the notesebook for law of evidence is attached for free and easy download at the bottom of this thread. These are all the available lecture notes in this section. That act was later repealed by the current law society of kenya act, which came into force on october 30, 1992. Either type of evidence may be enough to establish guilt beyond a reasonable doubt, depending on the facts of the case as the jury finds them to be. The kenya law reform commission klrc, established by the kenya law reform commission act, no. Laws of kenya the evidence act chapter 80 revised edition 2009 2008 published by the national council for law reporting with the. A the law of evidence and documentary evidence 22 1 how oral and documentary evidence is given in court 22 2 the rules of evidence 23 3 relevance 24 4 factors affecting the weight of the documentary evidence other than real evidence 26 b the best evidence rule. The kenya law reports eklr site provides an up to date edition of the laws of kenya in a searchable database. May 16, 2014 rules of hearsay and documentary evidence in kenya. Evidence, in law, any of the material items or assertions of fact that may be submitted to a competent tribunal as a means of ascertaining the truth of any alleged matter of fact under investigation before it.

Evidence may be given of facts in issue and relevant facts. Evidence from kenya maria avia harari y university of pennsylvania october 2017 abstract this paper investigates the human capital e ects of a statutory law reform granting. Areas of reform in bankruptcy law and practice including modern notions of insolvency. Jan 08, 2017 the kenyan evidence act cap 80 laws of kenya recognizes and endorses the use of electronic evidence in kenya. Ajema c, mukoma w, mugyenyi c, meme m, kotut r, and mulwa r 2012 improving the collection, documentation and utilisation of medicolegal evidence in kenya. Compliance with international human rights obligations 27 b. Documentary and electronic evidence law commission. As noted above, this is about both the practice of law and governance.

Definition of a company a company is a corporation an artificial person created by law. In booklet form, the law of kenya runs into over 20,000 pages and is published in over 500 booklets clustered in 15 hard copy binders the volumes of the law of kenya. In determining the admissibility of electronic evidence the act provides to wit section 78a which provides. The law and practice of evidence in kenya download ebook. Criminal law and criminal procedure kenya law research.

None of the material on this site is expressly or impliedly meant to provide legal advice to you. Magistrates courts handled the majority of civil and criminal cases in kenya. Justice sector and the rule of law, open society foundations, march 2011 at 114. Evidence is what we see, touch, feel, conjecture, and imagine. However, genuineness of documents may be shown by many facts.

The statute law miscellaneous amendments act, 2012 1 the statute law miscellaneous amendments act, 2012 an act of parliament to make minor amendments to statute law enacted by the parliament of kenya, as follows short title. A section of documentary evidence in kenyalaw of evidence ii. The kenyan evidence act cap 80 laws of kenya recognizes and endorses the use of electronic evidence in kenya. But the term refers to evidence which supports some other evidence that an accused has committed the offence with which he is being charged. The law of evidence, like many other fields of law, find it difficult to adapt to a.

Thi sa c tm ay b eid he s ut lw miscellaneous amendments act, 2012. Origins and evolution of bankruptcy law in england and in kenya. Hi fellow law students, i have uploaded lecture notes in pdf format containing the ebook notes for the subject law of evidence for llb and ba. Corroboration of witnessesevidence law ii chege kibathi.

The law society of kenya lsk is kenya s premier bar association. Law plays a number of important roles in the practice of social work. The constitution and international human rights standards 33 c. The rule of law ideal 22 2 legal and institutional framework 27 a. Law of evidence in kenya currently collecting, collating and editing materials for publication of a text on the law of evidence in kenya professional societies and associations member law society of kenya a member of the statutory body comprising of all practicing lawyers. For example, testing suspected con the type of evidence, and the pros evidence as corroboration for other trolled substances proves they are drugs ecutors perspective. Ebbe state university of new york at brockport this country report is one of many prepared for the world factbook of criminal justice systems under grant no.

English law of property which in itself dates back to the norman invasion in 1066. Lpr 201 evidence 1 answer question 1 and any two other questions. This is provided for as the proviso to section 71 which reads if a document is required by law to be attested it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there is an attesting witness alive and subject to the process of the court and capable of giving. Part ii kenya justice sector and the rule of law main report 19 1 justice and the rule of law ideal. The rule of law in kenya and the status of human rights. The purpose and scope of crossexamination the purpose is. To the end that court decisions are to be based on truth founded on evidence, a primary. World factbook of criminal justice systems kenya by obi n. Allen et al reforming the law of evidence of tanzania. It is an act of parliament to provide for the law of evidence. Documentary evidence enjoys superiority in permanence and in many respects in trustworthiness, over verbal proofs.

Evidence from kenya maria avia harari y university of pennsylvania october 2017 abstract this paper investigates the human capital e ects of a statutory law. Since the material on this site is provided as information only, and laws continuously change from time to time, the author of this website neither expressly nor impliedly. It will entail the salient features of the new august 2010 constitution such as citizenship, the bill of rights, land and. Customary law is, by definition, intrinsic to the life and. Republic of kenya kenya gazette supplement acts, 2012 nairobi, 12th july, 2012 content act page. Chapter 1 an introduction to administrative law 3 recognize that doctrinal change is part of a larger ideological and theoretical whole. Every register of a vessel kept under any of the acts resiltar.

On the opposite side of the coin of a right that cannot be vindicated is the risk that the law will encourage too much litigation and too little private negotiation. This site is like a library, use search box in the widget to get ebook that you want. The site also has a digital format of the kenya law reports, where one can search for cases from 1971, but printing is not available once a decision has been published in the kenya law reports. Law of evidence in kenya currently collecting, collating and editing materials for publication of a text on the law of evidence in kenya professional societies and associations. The proliferation of electronic media has caused that more and more legal, commercial and criminal activities are carried out by electronic instruments. Click download or read online button to get the law and practice of evidence in kenya book now. Kenya and the common law on evidence had a narrow meaning of a document despite the revolution in micro electronics technology resulting in advanced methods of capturing, storing, retrieving, receiving and analyzing information by computers. First, from an ecological perspective, the legal system is a vital part of a clients social environment. Forensic evidence evidence the glue that binds other and, thus, that a crime has been is regarded as more important, and evidence together but not the keystone committed. The law of evidence deals with aspects concerning the obtaining of evidence before trial, adducing evidence at trial, applying and assessing evidence for the proof or disproof of a fact. Discuss the abovementioned general rule and the exceptions thereto. Criminal procedure and evidence act criminal procedure criminal procedure act american criminal procedure criminal procedure in new zealand criminal procedure handbook criminal procedure kenya pdf code of criminal procedure criminal law and procedure 8th edition criminal procedure hong kong criminal procedure, 10th edition criminal procedure. Children of tender years, section 124 of the evidence act provides that evidence of a child received in accordance to section 19 of the oaths and statutory declarations cap 15 where a child is not admitted to the oath. Law technology today ltt is the legal technology resource centers free daily blog that publishes guidance and advice from practicing lawyers, technology professionals, and practice management experts in a wide range of practice settings and backgrounds.

Constitutional law ii this course will principally be on constitutional law and practice. The distinction btwn public and private documents is important coz of the differences in the rules governing admissibility and the procedures to be followed. The kenya law relating to the sale and purchase of goods is contained in the sale of goods act cap 31. Proof of allegation that persons signed or wrote a document. The law draws no distinction between circumstantial evidence and direct evidence in terms of weight or importance. The evidence act was enacted on 10th december, 1963. Thank you and wish you happy and fruitful studying. Secondly, principles of land law and conveyancing in kenya are enshrined in a complex web of legal framework.

Case law hughes vs metropolitan rail way company iv. Outline on the law of evidence 7 th edition, lexis nexis uk 1996 page 220. The evidence act 1967 arrangement of sections chapter i preliminary section 1. Specifically, we would like to acknowledge the leadership of. Second, it reiterates the conditions for the admissibility of electronic evidence. Evidence law is the laws substantive and procedural instruction for the use of evidence. The law and practice of evidence in kenya 2 nd edition law. The act is a reproduction of the english sale of goods act 1893 which was made part of the kenya law by the colonial administration in kenya on 1st october 1931. In such cases the court will acquit the accused in case the evidence is not corroborated.

Admissibility of electronic evidence in kenya sheria mtaani. Kenya law resource center is published as an information resource only. These can be purchased from the government bookshop, but the statutes are not amended, the amendments can be bought or done at any of the high court libraries in the country. Under the inclusionary common law doctrine of res gestae, a fact or opinion which is so closely associated in time, place and circumstances with some act or event which is in issue that it can be said to form a part of the same transaction as the act or event in issue, is itself admissible in evidence. Apr 27, 20 the distinction btwn public and private documents is important coz of the differences in the rules governing admissibility and the procedures to be followed. Social work and the law social work oxford bibliographies. The law and practice of evidence in kenya, 2 nd edition, law africa publishing 2011 pg.