[2009] Evidence 59 Cap 80 177. (1) A copy of an entry in a banker’s book shall not be received Proof and verification of copy. in evidence under section 176 unless it be first proved that (a) the book was, at the time of making the entry, one of the ordinary books of the bank; and (b) the book is in the custody and control of the bank; and (c) the entry was made in the usual and ordinary course of banking business; and (d) the copy has been examined with the original entry, and is correct. (2) Such proof may be given by an officer of the bank, or, in the case of the proof required under subsection (1) (d), by the person who has performed the examination, and may be given either orally or by an affidavit sworn before a commissioner for oaths or a person authorized to take affidavits. 178. A banker or officer of a bank shall not, in any proceedings to which the bank is not a party, be compellable to produce any banker’s book the contents of which can be proved under this Chapter or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of the court made for special cause. Restriction on compelling production of banker’s book. 179. (1) On the application of any party to proceedings a court may Inspection of order that such party be at liberty to inspect and take copies of any entries bankers’ books. L.N. 22 of 1965. in a banker’s book for any of the purposes, of such proceedings. (2) An order made under this section may be made either with or without summoning the bank or any other party, and shall be served on the bank three clear days before it is to be obeyed, unless the court otherwise directs. (3) For the purposes of subsection (1), “proceedings” includes any proceedings in Tanzania or Uganda. 180. (1) Where it is proved on oath to a judge or magistrate that in Warrant to fact, or according to reasonable suspicion, the inspection of any banker’s investigate. book is necessary or desirable for the purpose of any investigation into the commission of an offence, the judge or magistrate may by warrant authorize a police officer or other person named therein to investigate the account of any specified person in any banker’s book, and such warrant shall be sufficient authority for the production of any such banker’s book as may be required for scrutiny by the officer or person named in the warrant, and such officer or person may take copies of www.kenyalaw.org