[2009] contained. Evidence 15 Cap 80 Part III - Confessions 25. A confession comprises words or conduct, or a combination of Confession defined. words and conduct, from which, whether taken alone or in conjunction with other facts proved, an inference may reasonably be drawn that the person making it has committed an offence. 25A. (1) A confession or any admission of a fact tending to the proof of guilt made by an accused person is not admissible and shall not be proved as against such person unless it is made in court before a judge, a magistrate or before a police officer (other than the investigating officer), being an officer not below the rank of Chief Inspector of Police, and a third party of the person’s choice. Confessions generally inadmissible. 5 of 2003, s. 99. 7 of 2007. (2) The Attorney General shall in consultation with the Law Society of Kenya, Kenya National Commission on Human Rights and 7 of 2007. other suitable bodies make rules governing the making of a confession in all instances where the confession is not made in court. 26. A confession or any admission of a fact tending to the proof of guilt made by an accused person is not admissible in a criminal proceeding if the making of the confession or admission appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. Confessions and admissions caused by inducement, threat or promise.   27. If such a confession as is referred to in section 26 is made after Confession made the impression caused by any such inducement, threat or promise has, after removal of impression caused by in the opinion of the court, been fully removed, it is admissible. 28. (Repealed by 5 of 2003, s. 100.) inducement, threat or promise. 29. No confession made to a police officer shall be proved against Confessions to police a person accused of any offence unless such police officer is officers. (a) of or above the rank of, or a rank equivalent to, inspector; or (b) an administrative officer holding first or second class magisterial powers and acting in the capacity of a police officer. 30. (Repealed by 5 of 2003, s. 101.) www.kenyalaw.org 10 of 1969, Sch.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents