56 Evidence Cap 80 [2009] inconsistent with any part of his evidence which is liable to be contradicted; (d) when a man is prosecuted for rape or an attempt to commit rape, it may be shown that the prosecutrix was of generally immoral character. (2) A person who, called as a witness pursuant to sub-section (1) (a), declares another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with giving false evidence. Circumstantial questions to confirm evidence. 164. When a witness the truthfulness of whose evidence it is intended to confirm gives evidence of any fact, he may be questioned as to any other circumstances which he observed at or near the time or place at which the fact occurred, if the court is of opinion that such circumstances, if proved, would tend to confirm the testimony of the witness as to the fact to which he testifies. Proof of consistency by former statements. 165. In order to show that the testimony of a witness is consistent any former statement made by such witness, whether written or oral, relating to the same fact at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved. Evidence to test statement of person not available as witness. 166. Whenever any statement admissible under section 33 or section 34 is proved, all matters which might have been proved if that person had been called as a witness and had denied upon crossexamination the truth of the matter suggested, may be proved either to contradict or to show consistency, or in order to impeach or confirm the credit of the person by whom it was made. Refreshing memory by reference to contemporaneous writing.   Part V - Refreshing of Memory and Production of Documents 167. (1) A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or made so soon afterwards that the court considers it likely that the transaction was at that time fresh in his memory. (2) A witness may, while under examination, refresh his memory by referring to any writing made by any other person and read by the witness within the time mentioned in sub-section (1), if when he read it he knew it to be correct. www.kenyalaw.org