[2009]
Evidence
33
Cap 80
73. The admission of a party to an attested document, of its Admission of
execution by himself, shall be sufficient proof of its execution as against excution of attested
document.
him, though it be a document required by law to be attested.
74. If the attesting witness denies or does not recollect the execution Proof where attesting
witness denies
of a document, its execution may be proved by other evidence.
execution.
Proof of document
75. An attested document not required by law to be attested may
not required to be
be proved as if it was unattested.
attested.
76. (1) In order to ascertain whether a signature, writing or seal Comparison of
is that of the person by whom it purports to have been written or made, signatures, seals, etc.
any signature, writing or seal, admitted or proved to the satisfaction of
the court to have been written or made by that person, may be compared
by a witness or by the court with the one which is to be proved, although
that signature, writing or seal has not been produced or proved for any
other purpose.
(2) The court may direct any person present in court to write any
words or figures for the purpose of enabling the court to compare the
words or figures so written with any words or figures alleged to have
been written by such person.
(3) This section applies with necessary modifications to finger
impressions.
77. (1) In criminal proceedings any document purporting to be
report under the hand of a Government analyst, medical practitioner
or of any ballistics expert, document examiner or geologist upon any
person, matter or thing submitted to him for examination or analysis
may be used in evidence.
Reports by
Government analysts
and geologists.
14 of 1991, Sch.
(2) The court may presume that the signature to any such document
is genuine and that the person signing it held the office and qualifications
which he professed to hold at the time when he signed it.
(3) When any report is so used the court may, if it thinks fit,
summon the analyst, ballistics expert, document examiner, medical
practitioner, or geologist, as the case may be, and examine him as to
the subject matter thereof.
78. (1) In criminal proceedings a certificate in the form in the
Schedule to this Act, given under the hand of an officer appointed by
order of the Attorney-General for the purpose, who shall have prepared
a photographic print or a photographic enlargement from exposed film
submitted to him, shall be admissible, together with any photographic
www.kenyalaw.org
Photographic
evidenceadmissibility of
certificate.
L.N. 22/1965.
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