[2009]
Evidence
37
Cap 80
86. (1) The court shall presume the genuineness of every document Gazettes,
newspapers, and
purporting to be (a) the London Gazette, the Edinburgh Gazette, or the official
Gazette of any country in the Commonwealth;
documents produced
from proper custody.
(b) a newspaper or journal;
(c) a document directed by any law to be kept by any person,
if such document is kept substantially in the form required
by law and is produced from proper custody.
(2) Documents are said to be in proper custody if they are in the
place in which and under the care of the person with whom they would
naturally be; but no custody is improper if it is proved to have had a
legitimate origin, or if the circumstances of the particular case are such
as to render such an origin probable.
87. Where any publication or part thereof indicates or purports to Publications
indicate the name of any person by or on behalf or under the sponsorship generally.
of whom, or the place at which or date on which, such publication or
any part thereof was edited, printed or published or any part thereof
was contributed, it shall, in any proceedings for an offence under any
written law or for contempt of any court, be presumed, until the contrary
is proved, that such publication or part thereof was edited, printed or
published, or that such part thereof was contributed, by or on behalf or
under the sponsorship of such person, or at such place or on such date,
as the case may be.
88. When any document is produced before any court, purporting Documents
to be a document which, by the law in force for the time being in admissible in
England, would be admissible in proof of any particular in any Court England.
of Justice in England, without proof of the seal or stamp or signature
authenticating it, or of the judicial or official character claimed by the
person by whom it purports to be signed (a) the court shall presume that such seal, stamp or signature
is genuine, and that the person signing it held, at the time
when he signed it, the judicial or official character which he
claims in such document; and
(b) the document shall be admissible for the same purpose for
which it would be admissible in England.
89. (1) The court shall presume that maps or plans purporting Maps or plans.
to be made or published by the authority of the Government, or any
department of the Government, of any country in the Commonwealth
www.kenyalaw.org
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