38
Evidence
Cap 80
[2009]
were so made or published and are accurate.
(2) Maps or plans specially made for the purposes of any cause or
other proceeding, civil or criminal, must be proved to be accurate.
Laws and judicial
reports.
90. The court shall presume the genuineness of every book
purporting to be printed or published under the authority of the
Government of any country and to contain any of the laws of that
country, and of every book purporting to contain reports of decisions
of the courts of any country.
Powers of attorney.
L.N. 22/1965.
91. The court shall presume that every document purporting to be
a power of attorney, and to have been executed before and authenticated
by a notary public or commissioner for oaths or any court, judge,
magistrate, or Kenya consular officer or diplomatic agent, was so
executed and authenticated.
Certified copies of
foreign judicial
records.
L.N. 22/1965.
92. The court may presume that any document purporting to be a
copy of a judgment or judicial record of any country not forming part of
the Commonwealth is genuine and accurate, and that such judgment or
record was pronounced or recorded by a court of competent jurisdiction,
if the document purports to be certified in any manner which is certified
by a Kenya consular officer or diplomatic representative in or for such
country to be the manner commonly in use in that country for the
certification of copies of judgments or judicial records.
Books, maps and
charts.
93. The court may presume that any book, to which it may refer
for information on matters of public or general interest, and that any
published map or chart, the statements of which are admissible facts
and which is produced for its inspection, was written and published by
the person and at the time and place by whom or at which it purports
to have been written or published.
Telegraphic
messages.
94. The court may presume that a message forwarded from a
telegraph office to the person to whom such message purports to be
addressed, corresponds with a message delivered for transmission at the
office from which the message purports to be sent; but the court shall
not make any presumption as to the person by whom such message was
delivered for transmission.
Presumption as to
due execution, etc.
95. The court shall presume that every document called for and
not produced after notice to produce was attested, stamped and executed
in the manner required by the law.
Documents twenty
years old.
96. (1) Where any document purporting or proved to be not less
than twenty years old is produced from any custody which the court
in the particular case considers proper, the court may presume that
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