30 Evidence Cap 80 [2009] retrieved in the ordinary course of business; and (c) a document shall be deemed to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any other appropriate equipment connected to such computer. Secondary evidence. 66. Secondary evidence includes (a) certified copies given under the provisions hereinafter contained; (b) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies; (c) copies made from or compared with the original; (d) counterparts of documents as against the parties who did not execute them; (e) oral accounts of the contents of a document given by some person who has himself seen it. Proof of documents by primary evidence. 67. Documents must be proved by primary evidence except in the cases hereinafter mentioned. Proof of documents by secondary evidence.   68. (1) Secondary evidence may be given of the existence, condition or contents of a document in the following cases(a) when the original is shown or appears to be in the possession or power of(i) the person against whom the document is sought to be proved; or (ii) a person out of reach of, or not subject to, the process of the court; or (iii) any person legally bound to produce it, and when, after the notice required by section 69 of this Act has been given, such person refuses or fails to produce it; (b) when the existence, condition or contents of the original are proved to be admitted in writing by the person against whom www.kenyalaw.org