[2009]
contained.
Evidence
15
Cap 80
Part III - Confessions
25. A confession comprises words or conduct, or a combination of Confession defined.
words and conduct, from which, whether taken alone or in conjunction
with other facts proved, an inference may reasonably be drawn that the
person making it has committed an offence.
25A. (1) A confession or any admission of a fact tending to the
proof of guilt made by an accused person is not admissible and shall
not be proved as against such person unless it is made in court before a
judge, a magistrate or before a police officer (other than the investigating
officer), being an officer not below the rank of Chief Inspector of Police,
and a third party of the person’s choice.
Confessions
generally
inadmissible.
5 of 2003, s. 99.
7 of 2007.
(2) The Attorney General shall in consultation with the Law
Society of Kenya, Kenya National Commission on Human Rights and 7 of 2007.
other suitable bodies make rules governing the making of a confession
in all instances where the confession is not made in court.
26. A confession or any admission of a fact tending to the proof
of guilt made by an accused person is not admissible in a criminal
proceeding if the making of the confession or admission appears to the
court to have been caused by any inducement, threat or promise having
reference to the charge against the accused person, proceeding from a
person in authority and sufficient, in the opinion of the court, to give
the accused person grounds which would appear to him reasonable for
supposing that by making it he would gain any advantage or avoid any
evil of a temporal nature in reference to the proceedings against him.
Confessions and
admissions caused by
inducement, threat or
promise.
27. If such a confession as is referred to in section 26 is made after Confession made
the impression caused by any such inducement, threat or promise has, after removal of
impression caused by
in the opinion of the court, been fully removed, it is admissible.
28. (Repealed by 5 of 2003, s. 100.)
inducement, threat or
promise.
29. No confession made to a police officer shall be proved against Confessions to police
a person accused of any offence unless such police officer is officers.
(a) of or above the rank of, or a rank equivalent to, inspector;
or
(b) an administrative officer holding first or second class
magisterial powers and acting in the capacity of a police
officer.
30. (Repealed by 5 of 2003, s. 101.)
www.kenyalaw.org
10 of 1969, Sch.
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