[2009] Evidence 57 Cap 80 (3) Whenever a witness may refresh his memory by reference to any writing, he may, with the permission of the court, refer to a copy of such writing, if the court is satisfied that there is sufficient reason for the non-production of the original. (4) An expert may refresh his memory by reference to professional treatises. 168. A witness may testify to facts mentioned in any such writing as is referred to in section 167 although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document. Reference to accurate contemporaneous record though facts themselves not specifically recalled. 169. Any writing referred to in section 167 or section 168 shall Rights of adverse be produced and shown to the adverse party if he requires it, and such party as to contemporaneous party may, if he pleases, cross-examine the witness thereupon. writing.   170. (1) A witness summoned to produce a document shall, if it is in his possession or power, bring it to court notwithstanding any objection which there may be to its production or to its admissibility, but the validity of any such objection shall be tried by the court. Production of documents of doubtful admissibility. (2) (a) The court, if it sees fit, may inspect the document, unless it is a document to which the provisions of section 131 are applied, or take other evidence to enable it to determine on its admissibility. (b) If for such purpose it is necessary to cause any document to be translated, the court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence. Document produced 171. When a party calls for a document which he has given the in answer to notice to other party notice to produce, and such document is produced and be given as evidence inspected by the party calling for its production, he is bound to give it if required. as evidence if the party producing it requires him to do so and if it is admissible. 172. When a party refuses to produce a document for which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the court. Consequence of refusal to produce document in answer to notice. 173. (1) A judge or magistrate may, in order to discover or to Extended powers of court for obtain proper evidence, ask any question he pleases, in any form, at purpose of obtaining www.kenyalaw.org