26 Evidence Cap 80 [2009] all officers acting in execution of its process, and also of all advocates and other persons authorized by law to appear or act before it; (l) the rule of the road on land or at sea or in the air; (m) the ordinary course of nature; (n) the meaning of English words; (o) all matters of general or local notoriety; (p) all other matters of which it is directed by any written law to take judicial notice. (2) In all cases within subsection (1), and also on all matters of public history, literature, science or art, the court may resort for its aid to appropriate books or documents of reference. (3) If the court is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it considers necessary to enable it to do so. Facts admitted in civil proceedings. 61. No fact need be proved in any civil proceeding which the parties thereto or their agents agree to admit at the hearing, or which before the hearing they agree, by writing under their hands, to admit, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings: Provided that the court may in its discretion require the facts admitted to be proved otherwise than by such admissions. Oral evidence. Oral evidence must be direct. Part II - Oral Evidence 62. All facts, except the contents of documents, may be proved by oral evidence. 63. (1) Oral evidence must in all cases be direct evidence. (2) For the purposes of subsection (1), “direct evidence” means(a) with reference to a fact which could be seen, the evidence of a witness who says he saw it; (b) with reference to a fact which could be heard, the evidence www.kenyalaw.org

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