[2009] Evidence Cap 80 49 according to law, and includes a marriage under native or tribal custom. Part II - Compellability and Privileges of Witnesses 128. A witness shall not be excused from answering any question Compellability of as to any matter relevant to the matter in issue in any suit or in any civil ordinary witnesses. or criminal proceeding, upon the ground that the answer to such question will incriminate, or may tend directly or indirectly to incriminate, such witness, or that it will expose, or tend directly or indirectly to expose, such witness to a penalty or forfeiture of any kind, but no such answer which a witness is compelled to give shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution for giving false evidence by such answer. 129. No judge or magistrate shall, except upon the special order Privilege of court. of some court to which he is subordinate, be compelled to answer any questions as to his own conduct in court as such judge or magistrate, or as to anything which came to his knowledge in court as such judge or magistrate, but he may be examined as to other matters which occurred in his presence whilst he was so acting.   130. (1) No person shall be compelled to disclose any Communications communication made to him or her during marriage, by the other spouse; during marriage. nor shall a person be permitted to disclose such communication without the consent of the person who made it, or of his or her representative in interest, except in suits between the parties to the marriage or in any of the cases referred to in paragraphs (a), (b) and (c) of section 127 (3). (2) In this section “marriage” means a marriage, whether or not monogamous, which is by law binding during the lifetime of the parties thereto unless dissolved according to law and includes a marriage under native or tribal custom.   131. Whenever it is stated on oath (whether by affidavit Privilege relating to or otherwise) by a Minister that he has examined the contents of official records. any document forming part of any unpublished official records, the 10 of 1969, Sch. production of which document has been called for in any proceedings, and that he is of the opinion that such production would be prejudicial to the public service, either by reason of the content thereof or of the fact that it belongs to a class which, on grounds of public policy, should be withheld from such production, the document shall not be admissible.   132. No public officer shall be compelled to disclose Privilege of official communications made by any person to him in the course of his communications. duty, when he considers that the public interest would suffer by the 13 of l972, Sch. disclosure. www.kenyalaw.org