[2009]
Evidence
Cap 80
31
it is proved, or by his representative in interest;
(c) when the original has been destroyed or lost, or when the
party offering evidence of its contents cannot, for any other
reason not arising from his own default or neglect, produce
it in a reasonable time;
(d) when the original is of such a nature as not to be easily
movable;
(e) when the original is a public document within the meaning
of section 79;
(f) when the original is a document of which a certified copy
is permitted by this Act or by any written law to be given
in evidence;
(g) when the original consists of numerous accounts or other
documents which cannot conveniently be examined in court,
and the fact to be proved is the general result of the whole
collection.
(2) (a) In the cases mentioned in paragraphs (a), (c) and (d) of
subsection (1), any secondary evidence of the contents of
the document is admissible.
(b) In the case mentioned in subsection (1) (b), the written
admission is admissible.
(c) In the cases mentioned in paragraphs (e) and (f) of subsection
(1), a certified copy of the document, but no other kind of
secondary evidence, is admissible.
(d) In the case mentioned in subsection (1) (g), evidence may
be given as to the general result of the accounts or documents
by any person who has examined them, and who is skilled in
the examination of such accounts or documents.
69. Secondary evidence of the contents of the documents referred Notice to produce a
to in section 68 (1) (a) shall not be given unless the party proposing document.
to give such secondary evidence has previously given to the party in
whose possession or power the document is, or to his advocate, such
notice to produce it as is required by law or such notice as the court
considers reasonable in the circumstances of the case:
Provided that such notice shall not be required in order to render
secondary evidence admissible in any of the following cases -
www.kenyalaw.org
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