34
Evidence
Cap 80
[2009]
prints, photographic enlargements and any other annex referred to
therein, and shall be evidence of all facts stated therein.
(2) The court may presume that the signature to any such
certificate is genuine.
(3) When a certificate is received in evidence under this section
the court may, if it thinks fit, summon and examine the person who
gave it.
Part IV - Public Documents
Distinction between
public and private
documents.
79. (1). The following documents are public documents (a) documents forming the acts or records of the acts (i) of the sovereign authority; or
(ii) of official bodies and tribunals; or
(iii) of public officers, legislative, judicial or executive,
whether of Kenya or of any other country;
(b) public records kept in Kenya of private documents.
(2) All documents other than public documents are private.
Certified copies of
public documents.
80. (1) Every public officer having the custody of a public
document which any person has a right to inspect shall give that person
on demand a copy of it on payment of the legal fees therefor, together
with a certificate written at the foot of such copy that it is a true copy of
such document or part thereof, as the case may be, and such certificate
shall be dated and subscribed by such officer with his name and his
official title, and shall be sealed whenever such officer is authorized by
law to make use of a seal, and such copies so certified shall be called
certified copies.
(2) Any officer who by the ordinary course of official duty is
authorized to deliver copies of public documents shall be deemed to have
the custody of such documents within the meaning of this section.
Proof by certified
copies.
81. Certified copies of public documents may be produced in
proof of the contents of the documents or parts of the documents of
which they purport to be copies.
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