22 Evidence Cap 80 [2009] conclusive proof of that which they state. Inadmissible judgments. 46. Judgments, orders or decrees other than those mentioned in sections 43, 44 and 45 are inadmissible except where the existence of such judgment, order or decree is a fact in issue or is relevant under some other provision of this Act. Proof that judgment was incompetent or obtained by fraud or collusion. 47. Any party to a suit or other proceeding may show that any judgment, order or decree which is admissible under the provisions of this Act and which has been proved by the adverse party, was delivered by a court not competent to deliver it, or was obtained by fraud or collusion. Proof of guilt. 10 of 1969, Sch. 47A. A final judgment of a competent court in any criminal proceedings which declares any person to be guilty of a criminal offence shall, after the expiry of the time limited for an appeal against such judgment or after the date of the decision of any appeal therein, whichever is the latest, be taken as conclusive evidence that the person so convicted was guilty of that offence as charged. Opinions of experts. Part IX - Opinions 48. (1) When the court has to form an opinion upon a point of foreign law, or of science or art, or as to identity or genuineness of handwriting or finger or other impressions, opinions upon that point are admissible if made by persons specially skilled in such foreign law, science or art, or in questions as to identity or genuineness of handwriting or finger or other impressions. (2) Such persons are called experts. Facts bearing upon opinions of experts. 49. Facts not otherwise admissible are admissible if they support or are inconsistent with the opinions of experts, when such opinions are admissible. Opinion as to handwriting. 50. (1) When the court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is admissible. (2) For the purposes of subsection (1), and without prejudice to any other means of determining the question, a person is said to be acquainted with the hand-writing of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when in the ordinary www.kenyalaw.org

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