10 Evidence Cap 80 [2009] company or other body of persons carrying on banking business in Tanzania or Uganda; 69 of 2000, s. 64. 1 of 2009. 9 of 2000, s. 64. “banker’s book” includes a ledger, day book, cash book, account book, and any other book used in the ordinary business of the bank, whether in written form or on micro-film, magnetic tape or any other form of mechanical or electronic data retrieval mechanism; whether kept in written form or printouts or electronic form. “computer” means any device that receives, stores and processes data, or information applying stipulated processes to the data and supplying results of that data or information; and any reference to information being derived from other information shall be construed to include a reference to its being derived therefrom by calculation, comparison or any other process. “court” includes all judges and magistrates, and all persons, except arbitrators, legally authorized to take evidence; “evidence” denotes the means by which an alleged matter of fact, the truth of which is submitted to investigation, is proved or disproved; and, without prejudice to the foregoing generality, includes statements by accused persons, admissions, and observation by the court in its judicial capacity; “fact” includes (a) any thing, state of things, or relation of things, capable of being perceived by the senses; and (b) any mental condition of which any person is conscious; “fact in issue” means any fact from which, either by itself or in connexion with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows; (2) A fact is proved when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, in the circumstances of the particular case, to act upon the supposition that it exists. (3) A fact is disproved when, after considering the matters before it, the court either believes that it does not exist, or considers its nonexistence so probable that a prudent man ought, in the circumstances of the particular case, to act upon the supposition that it does not exist. www.kenyalaw.org