24 Evidence Cap 80 [2009] as to affect the amount of damages, is admissible. Good character in criminal cases. 56. In criminal proceedings, the fact that the person accused is of a good character is admissible. Bad character in criminal cases. 10 of 1969, Sch. 57. (1) In criminal proceedings the fact that the accused person has committed or been convicted of or charged with any offence other than that with which he is then charged, or is of bad character, is inadmissible unless (aa) such evidence is otherwise admissible as evidence of a fact in issue or is directly relevant to a fact in issue; or (a) the proof that he has committed or been convicted of such other offence is admissible under section 14 or section 15 to show that he is guilty of the offence with which he is then charged; or (b) he has personally or by his advocate asked questions of a witness for the prosecution with a view to establishing his own character, or has given evidence of his own good character; or (c) the nature or conduct of the defence is such as to involve imputations on the character of the complainant or of a witness for the prosecution; or (d) he has given evidence against any other person charged with the same offence: Provided that the court may, in its discretion, direct that specific evidence on the ground of the exception referred to in paragraph (c) shall not be led if, in the opinion of the court, the prejudicial effect of such evidence upon the person accused will so outweigh the damage done by imputations on the character of the complainant or of any witness for the prosecution as to prevent a fair trial. (2) Notwithstanding the provisions of subsection (1), evidence of previous conviction for an offence may be given in a criminal trial after conviction of the accused person, for the purpose of affecting the sentence to be awarded by the court. Definition of “character” 58. In sections 55, 56 and 57 the word “character” includes both reputation and disposition; but, except as provided in section 57, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition www.kenyalaw.org

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