[2009] Evidence 17 Cap 80 expose him or would have exposed him to a criminal prosecution or to a suit for damages; (d) when the statement gives the opinion of any such person as to the existence of any public right or custom or matter of public or general interest, of the existence of which, if it existed, he would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter had arisen; an opinion as to public right or custom   (e) when the statement relates to the existence of any relationship by blood, marriage, or adoption between persons as to whose relationship by blood, marriage or adoption the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised; relating to existence of relationship (f) when the statement relates to the existence of any relationship by blood, marriage or adoption between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any family pedigree or upon any tombstone, family portrait or other thing on which such statements are usually made, and when such statement was made before the question in dispute was raised; relating to family affairs (g) when the statement is contained in any deed or other document which relates to any such transaction as is mentioned in section 13 (a); relating to a transaction creating or asserting, etc., a custom. (h) when the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question. made by several persons and expressing feelings. 34. (1) Evidence given by a witness in a judicial proceeding is Admissibility of admissible in a subsequent judicial proceeding, or at a later stage in the evidence given in same proceeding, for the purpose of proving the facts which it states, previous proceedings. in the following circumstances (a) where the witness is dead, or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or where his presence cannot be obtained without an amount of delay or expense which in the circumstances of the case the court considers unreasonable; and where, in the case of a subsequent proceeding - www.kenyalaw.org