14 Evidence Cap 80 [2009] are admissions if they are made during the continuance of interest of the persons making the statements. Statements by persons whose position or liability must be proved as against party to suit. 19. Statements made by persons whose position or liability it is necessary to prove as against any party to a suit, are admissions if such statements would be admissible as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability. Statements by persons expressly referred to by party to suit. 20. Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. Proof of admissions against persons making them, and by or on their behalf. 21. Subject to this Act, an admission may be proved as against the person who makes it or his representative in interest; but an admission cannot be proved by or on behalf of the person who makes it or by his representative in interest, except in the following cases (a) when it is of such a nature that, if the person making it were dead, it would be admissible as between third persons under section 33; (b) when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable; (c) if it is relevant otherwise than as an admission. Oral admissions as to contents of documents. Admissions made without prejudice in civil cases. 22. Oral admissions as to the contents of a document may not be proved unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under this Act or unless the genuineness of a document produced is in question. 23. (1) In civil cases no admission may be proved if it is made either upon an express condition that evidence of it is not to be given or in circumstances from which the court can infer that the parties agreed together that evidence of it should not be given. (2) Nothing in subsection (1) shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under section 134. Effect of admissions. 24. Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions hereinafter www.kenyalaw.org