[2009] Evidence 41 Cap 80 100. When language used in a document is plain, and when it Evidence to show applies accurately to existing facts, evidence may not be given to show inapplicability. that it was not meant to apply to such facts. 101. When language used in a document is plain, but is unmeaning Evidence to explain a in reference to existing facts, evidence may be given to show that it was latent ambiguity.  used in a peculiar sense. 102. When the facts are such that the language used in a document Evidence of might have been meant to apply to any one, and could not have been application to one of meant to apply to more than one of several persons or things, evidence several subjects. may be given of facts which show to which of those persons or things it was intended to apply. 103. When the language used in a document applies partly to one Evidence of set of existing facts, and partly to another, but the whole of it does not application to one of apply correctly to either, evidence may be given to show to which of several sets of facts. the two it was meant to apply. 104. Evidence may be given to show the meaning of illegible or Evidence to explain not commonly intelligible characters, of foreign, obsolete, technical, special words. local and provincial expressions, of abbreviations and of words used in a peculiar sense. 105. Persons who are not parties to a document, or their Evidence of variation representatives in interest, may give evidence of any facts tending given by third parties. to show a contemporaneous agreement varying the terms of the document. 106. Nothing in this Part shall affect the law relating to Wills. the interpretation and construction of wills or other testamentary dispositions. Part VII – Electronic Records 1 of 2009. 106A. The contents of electronic records may be proved in Section 106B to apply in proof of accordance with the provisions of section 106B. electronic records 106B. (1) Notwithstanding anything contained in this Act, any Admissibility of information contained in an electronic record which is printed on a electronic records. paper, stored, recorded or copied on optical or electro-magnetic media produced by a computer (herein referred to as computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the www.kenyalaw.org

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