[2009] Evidence Cap 80 39 the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested. (2) Documents are said to be in proper custody if they are in the place in which and under the care of the person with whom they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render such an origin probable. Part VI - Exclusion of Oral by Documentary Evidence 97. (1) When the terms of a contract, or of a grant, or of any other Written contracts and disposition of property, have been reduced to the form of a document, grants.   and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions of this Act. (2) Notwithstanding subsection (1) (a) wills admitted to probate in Kenya may be proved by the probate; (b) when a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved. (3) Subsection (1) applies equally to cases in which contracts, grants or dispositions of property referred to are contained in one document, and to cases in which they are contained in more documents than one. (4) Where there are more originals than one, one original only need be proved. (5) The statement, in any document whatever, of a fact other than the facts referred to in subsection (1), shall not preclude the admission of oral evidence as to the same fact. 98. When the terms of any contract or grant or other disposition Evidence of oral of property, or any matter required by law to be reduced to the form of agreement. www.kenyalaw.org