[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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