[2009] Evidence 23 Cap 80 course of business documents purporting to be written by that person have been habitually submitted to him. 51. (1) When the court has to form an opinion as to the existence Opinion relating to of any general custom or right, the opinions as to the existence of such customs and rights. custom or right of persons who would be likely to know of its existence if it existed are admissible. (2) For the purposes of subsection (1) the expression “general custom or right” includes customs or rights common to any considerable class of persons. 52. When the court has to form an opinion as to(a) the usages and tenets of any association, body of men or family; or Opinions of persons with special knowledge. (b) the constitution and government of any religious or charitable foundation; or (c) the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon are admissible. 53. When the court has to form an opinion as to the relationship Opinion on of one person to another, the opinion, expressed by conduct, as to the relationship. existence of such relationship of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is admissible: Provided that such an opinion shall not be sufficient to prove a marriage in a prosecution for bigamy or in proceedings for a divorce, or in any proceedings for damages against an adulterer. 54. Whenever the opinion of any living person is admissible, the Grounds of opinion. grounds on which such opinion is based are also admissible. Part X - Character 55. (1) In civil cases, the fact that the character of any person Character in civil concerned is such as to render probable or improbable any conduct cases. imputed to him is inadmissible except in so far as such character appears from facts otherwise admissible. (2) In civil cases, the fact that the character of any person is such www.kenyalaw.org