[2009] Evidence 33 Cap 80 73. The admission of a party to an attested document, of its Admission of execution by himself, shall be sufficient proof of its execution as against excution of attested document. him, though it be a document required by law to be attested. 74. If the attesting witness denies or does not recollect the execution Proof where attesting witness denies of a document, its execution may be proved by other evidence. execution. Proof of document 75. An attested document not required by law to be attested may not required to be be proved as if it was unattested. attested. 76. (1) In order to ascertain whether a signature, writing or seal Comparison of is that of the person by whom it purports to have been written or made, signatures, seals, etc. any signature, writing or seal, admitted or proved to the satisfaction of the court to have been written or made by that person, may be compared by a witness or by the court with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose. (2) The court may direct any person present in court to write any words or figures for the purpose of enabling the court to compare the words or figures so written with any words or figures alleged to have been written by such person. (3) This section applies with necessary modifications to finger impressions. 77. (1) In criminal proceedings any document purporting to be report under the hand of a Government analyst, medical practitioner or of any ballistics expert, document examiner or geologist upon any person, matter or thing submitted to him for examination or analysis may be used in evidence. Reports by Government analysts and geologists. 14 of 1991, Sch. (2) The court may presume that the signature to any such document is genuine and that the person signing it held the office and qualifications which he professed to hold at the time when he signed it. (3) When any report is so used the court may, if it thinks fit, summon the analyst, ballistics expert, document examiner, medical practitioner, or geologist, as the case may be, and examine him as to the subject matter thereof. 78. (1) In criminal proceedings a certificate in the form in the Schedule to this Act, given under the hand of an officer appointed by order of the Attorney-General for the purpose, who shall have prepared a photographic print or a photographic enlargement from exposed film submitted to him, shall be admissible, together with any photographic www.kenyalaw.org Photographic evidenceadmissibility of certificate. L.N. 22/1965.

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