[2009]
Evidence
Cap 80
13
will towards any particular person, or showing the existence of any state
of body or bodily feeling, are relevant, when the existence of any such
state of mind or body or bodily feeling is in issue or relevant.
(2) A fact relevant within the meaning of subsection (1) as showing
the existence of a state of mind must show that the state of mind exists,
not generally, but in reference to the particular matter in question.
(3) Where, upon the trial of a person accused of an offence, the
previous commission by the accused of an offence is relevant within
the meaning of subsection (1), the previous conviction of such person
is also relevant.
15. When there is a question whether an act was accidental or Facts showing
intentional, or done with a particular knowledge or intention, the fact system.
that such act formed part of a series of similar occurrences, in each of
which the person doing the act was concerned, is relevant.
16. When there is a question whether a particular act was done, Facts showing course
the existence of any course of business, according to which it naturally of business.
would have been done, is relevant.
Part II - Admissions
17. An admission is a statement, oral or documentary, which Admissions defined
suggests any inference as to a fact in issue or relevant fact, and which generally.
is made by any of the persons and in the circumstances hereinafter
mentioned.
18. (1) Statements made by a party to the proceeding, or by an Statements by party
agent to any such party, whom the court regards in the circumstances to suit or agent or
of the case as expressly or impliedly authorized by him to make them, interested person.
are admissions.
(2) Statements made by parties to suits, suing or sued in a
representative character, are not admissions unless they were made
while the party making them held that character.
(3) Statements made by (a) persons who have any proprietary or pecuniary interest
in the subject-matter of the proceeding, and who make the
statement in the character of persons so interested; or
(b) persons from whom the parties to a suit have derived their
interest in the subject-matter of the suit,
www.kenyalaw.org
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents