[2009] Evidence 11 Cap 80 (4) A fact is not proved when it is neither proved nor disproved. 4. (1) Whenever it is provided by law that the court may presume Presumptions of fact. a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it. (2) Whenever it is directed by law that the court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved. (3) When one fact is declared by law to be conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it. Chapter II - Admissibility and Relevancy Part I - General 5. Subject to the provisions of this Act and of any other law, no General restriction evidence shall be given in any suit or proceeding except evidence of on admissibility of the existence or non-existence of a fact in issue, and of any other fact evidence. declared by any provision of this Act to be relevant. 6. Facts which, though not in issue, are so connected with a fact in Facts forming part of issue as to form part of the same transaction are relevant whether they same transaction. occurred at the same time and place or at different times and places. 7. Facts which are the occasion, cause or effect, immediate or Facts causing or otherwise, of relevant facts or facts in issue, or which constitute the state caused by other facts. of things under which they happened or which afforded an opportunity for their occurrence or transaction are relevant. 8. (1) Any fact is relevant which shows or constitutes a motive Facts relating to motive, preparation or preparation for any fact in issue or relevant fact. and conduct. (2) The conduct of any party, or of any agent of a party, to any suit or proceeding, in reference to such suit or proceeding or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto. (3) When evidence of the conduct of a person is relevant any statement made to him, or in his presence and hearing, which affects such conduct, is relevant. www.kenyalaw.org