[2009] Evidence Cap 80 55 158. No such question as is referred to in section 157 ought to be Necessity for grounds asked unless the person asking it has reasonable grounds for thinking before attacking character. that the imputation which it conveys is well founded. 159. The court may forbid any questions or inquiries which it Indecent or regards as indecent or scandalous, although such questions or inquiries scandalous may have some bearing on the questions before the court, unless they questions. relate to facts in issue or to matters necessary to be known in order to determine whether or not the facts in issue existed. 160. The court shall forbid any question which appears to it to be Insulting or annoying intended to insult or annoy, or which, though proper in itself, appears questions. to the court needlessly offensive in form. 161. The court may, in its discretion, permit the person who calls Discretion to allow a witness to put any questions to him which might be put in cross- cross-examination of own witness. examination by the adverse party. 162. When a witness has been asked and has answered any Exclusion of question which is relevant to the proceedings only in so far as it tends evidence to to shake his credit by injuring his character, no evidence shall be given contradict a witness. to contradict him but if he answers falsely he may afterwards be charged with giving false evidence: Provided that (i) if a witness is asked whether he has been previously convicted of any crime and denies it, evidence may be given of his previous conviction; (ii) if a witness is asked any question tending to impeach his impartiality and answers it by denying the facts suggested, evidence may be given of the facts. 163. (1) The credit of a witness may be impeached in the following Evidence to impeach ways by the adverse party, or, with the consent of the court, by the party the credit of a witness. who calls him (a) by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit; (b) by proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence; (c) by proof of former statements, whether written or oral, www.kenyalaw.org

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