54 Evidence Cap 80 [2009] (a) to test his accuracy, veracity or credibility; (b) to discover who he is and what is his position in life; (c) to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to incriminate him or might expose or tend directly or indirectly to expose him to a penalty or forfeiture. Compulsion to answer questions as to credit. Cross- examination of accused person.   Discretion of court to compel witness to answer question as to credit. 155. If any question asked under section 154 (c) for the purpose of affecting the credit of the witness relates to a matter relevant to the suit or proceeding, the provisions of section 128 shall apply thereto. 156. A person charged with an offence and called as a witness for the defence may be asked any question in cross-examination notwithstanding that the answer may tend to incriminate him as to the offence charged. 157. (1) If any question asked relates to a matter not relevant to the suit or proceeding except in so far as it affects the credit of the witness by injuring his character, the court shall decide whether or not the witness shall be compelled to answer it, and may, if it does not so compel him, warn the witness that he is not obliged to answer. (2) In exercising its discretion under this section, the court shall have regard to the following considerations (a) such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the court as to the credibility of the witness on the matter to which he testifies; (b) such questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the court as to the credibility of the witness on the matter to which he testifies; (c) such questions are improper if there is a great disproportion between the importance of the imputation made against the witness’s character and the importance of his evidence. (3) The court may, if it sees fit, draw from the witness’s refusal to answer, the inference that the answer, if given, would be unfavourable to the witness. www.kenyalaw.org

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