58 proper evidence. Evidence Cap 80 [2009] any time, of any witness, or of the parties, about any fact whether or not it is otherwise admissible; and may order the production of any document or thing; and neither the parties nor their agents shall be entitled to object to any such question or order, nor, without leave of the court, to cross-examine the witness upon any answer given in reply to any such question: Provided that judgment shall be based only upon facts which are otherwise admissible and which have been duly proved. (2) Subsection (1) shall not authorize a judge or magistrate (a) to compel a witness to answer any question or to produce any document which such witness would be entitled to refuse to answer or produce under the provisions of Part II, if the question were asked or the document was called for by the adverse party; nor (b) to ask any question which it would be improper for any other person to ask under section 157 or 158; nor (c) to dispense with the primary evidence of any document, except in the cases excepted by the provisions of this Act. Part VI - Questions by Assessors 174. (Repealed by 7 of 2007.) CHAPTER VI - IMPROPER ADMISSION AND REJECTION OF EVIDENCE Effect of improper admission or rejection. 175. The improper admission or rejection of evidence shall not of itself be ground for a new trial or for reversal of any decision in a case if it shall appear to the court before which the objection is taken that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that if the rejected evidence had been received it ought not to have varied the decision. Mode of proof of entries in bankers’ books. CHAPTER VII - BANKERS’ BOOKS 176. Subject to this Chapter a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters, transaction and accounts therein recorded. www.kenyalaw.org