[2009] Evidence 51 Cap 80 interpreter, clerk or servant as a witness, he shall be deemed to have consented to such disclosure as is mentioned in section 134 (1) only if he questions such witness on matters which, but for such question, the witness would not be at liberty to disclose. 137. No one shall be compelled to disclose to the court any Communications confidential communication which has taken place between him and his with an advocate. advocate unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the court necessary to be known in order to explain any evidence which he has given, but no others. 138. No witness who is not a party to the suit shall be compelled to produce his title deeds to any property, or any document in virtue of which he holds any property as pledgee or mortgagee, or any document the production of which might tend to incriminate him, unless he has agreed in writing with the person seeking the production of such deeds or document, or with some person through whom he claims, to produce them. Title deeds and incriminating documents in hands of third party. 139. No one shall be compelled to produce documents in his Privileged document possession, which any other person would be entitled to refuse to in possession of produce if they were in his possession, unless such other person consents another. to their production. 140. (1) A bank, or officer of a bank, shall not, in any legal Bankers’ books.   proceedings to which the bank is not a party, be compelled to produce any banker’s book the contents of which can be proved under the provisions of Chapter VII. (2) No bank or officer of a bank shall be summoned or called as a witness to prove any matters, transactions or accounts recorded in a banker’s book except by order of a judge or magistrate made for special cause. 141. An accomplice shall be a competent witness against an Accomplices. accused person; and a conviction shall not be illegal merely because it proceeds upon the uncorroborated evidence of an accomplice. 142. No person who is entitled to refuse to produce a document Privileges to exclude oral evidence of shall be compelled to give oral evidence of its contents. documents. 143. No particular number of witnesses shall, in the absence of any Number of witnesses. provision of law to the contrary, be required for the proof of any fact. www.kenyalaw.org