32 Evidence Cap 80 [2009] (i) when the document to be proved is itself a notice; (ii) when from the nature of the case, the adverse party must know that he will be required to produce it; (iii) when it appears or is proved that the adverse party has obtained possession of the original by fraud or force; (iv) when the adverse party or his agent has the original in court; (v) when the adverse party or his agent has admitted the loss of the document; (vi) when the person in possession of the document is out of reach of, or not subject to, the process of the court; (vii) in any other case in which the court thinks fit to dispense with the requirement. Proof of allegation that persons signed or wrote a document. 70. If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person’s handwriting must be proved to be in his handwriting. Proof of execution of document required by law to be attested. 71. 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 evidence: Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document which has been registered in accordance with the provisions of any written law, unless its execution by the person by whom it purports to have been executed is specifically denied. Proof where no attesting witness found. 72. Where evidence is required of a document which is required by law to be attested, and none of the attesting witnesses can be found, or where such witness is incapable of giving evidence or cannot be called as a witness without an amount of delay or expense which the court regards as unreasonable, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person. www.kenyalaw.org