12 Evidence Cap 80 [2009] (4) The word “conduct” in this section does not include statements, unless those statements accompany and explain acts other than statements. Explanatory and introductory facts, etc. Statements and actions referring to common intention. Facts inconsistent with, or affecting probability of, other facts. 9. Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by such a fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose. 10. Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. 11. Facts not otherwise relevant are relevant (a) if they are inconsistent with any fact in issue or relevant fact; or (b) if by themselves or in connexion with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. Facts affecting quantum of damages. Facts affecting existence of right or custom. 12. In suits in which damages are claimed, any fact which will enable the court to determine the amount of damages which ought to be awarded is relevant. 13. Where the existence of any right or custom is in question, the following facts are relevant (a) any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted or denied, or which was inconsistent with its existence; or (b) particular instances in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from. Facts showing state of mind or feeling. 14. (1) Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or good- www.kenyalaw.org