[2009] Evidence Cap 80 27 of a witness who says he heard it; (c) with reference to a fact which could be perceived by any other sense or in any other manner, the evidence of a witness who says he perceived it by that sense or in that manner; (d) with reference to an opinion or to the grounds on which that opinion is held, the evidence of the person who holds that opinion or, as the case maybe, who holds it on those grounds: Provided that the opinion of an expert expressed in any treatise commonly offered for sale, and the grounds on which such opinion is held, may be proved by the production of such treatise if the author is dead or cannot be found, or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the court regards as unreasonable. (3) If oral evidence refers to the existence or condition of any material thing, other than a document, the court may, if it thinks fit, require the production of such material thing for its inspection. Part III - Documentary Evidence 64. The contents of documents may be proved either by primary Proof of contents of documents. or by secondary evidence. 65. (1) Primary evidence means the document itself produced for Primary evidence. 9 of 2000, s.65. the inspection of the court. (2) Where a document is executed in several parts, each part is primary evidence of the document. (3) Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. (4) Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest; but where they are all copies of a common original they are not primary evidence of the contents of the original. (5) Notwithstanding anything contained in any other law for the time being in force(a) a micro-film of a document or the reproduction of the image www.kenyalaw.org