36
Evidence
Cap 80
[2009]
diplomatic agent that the copy is duly certified by the officer
having the lawful custody of the original thereof, and upon
proof of the character of the document according to the law
of the foreign country.
Certified documents.
Part V - Presumptions as to Documents
83. (1) The court shall presume to be genuine every document
purporting to be a certificate, certified copy or other document which
is (a) declared by law to be admissible as evidence of any
particular fact; and
(b) substantially in the form, and purporting to be executed in
the manner, directed by law in that behalf; and
(c) purporting to be duly certified by a public officer.
(2) The court shall also presume that any officer by whom any
such document purports to be signed or certified held, when he signed
it, the official character which he claims in such document.
Records of evidence.
84. Whenever any document is produced before any court,
purporting to be a record or memorandum of any evidence given in a
judicial proceeding or before any officer authorized by law to take such
evidence, and purporting to be signed by a judge or magistrate or any
such officer as aforesaid, the court shall presume (a) that the document is genuine;
(b) that any statements as to the circumstances in which it was
taken, purporting to be made by the person signing it, are
true; and
(c) that such evidence was duly taken.
Gazette, etc., to be
prima facie evidence.
85. The production of a copy of any written law, or of a copy of
the Gazette containing any written law or any notice purporting to be
made in pursuance of a written law, where such law or notice (as the
case may be) purports to be printed by the Government Printer, shall
be prima facie evidence in all courts and for all purposes whatsoever
of the due making and tenor of such written law or notice.
www.kenyalaw.org
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