What are the facts that need not be proved?

Facts admitted need not be proved Facts which the parties to the suit or their agents agree to admit at the hearing. Facts which the parties to the suit or their agents agree to admit, prior to the hearing, in writing. Facts deemed to be already admitted by the parties to the suit through pleadings.

Who is a competent witness Kenya?

Section 127 (2) of the Evidence Act states that : – “In criminal proceedings every person charged with an offence, and the wife or husband of the person charged, shall be a competent witness for the defence at every stage of the proceedings, whether such person is charged alone or jointly with any other person. ”

What amounts to a confession in Kenya?

Section 25 of the Kenyan Evidence Act defines confessions as words or conducts, or a combination of words and conducts, 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.

What are the kinds of evidences?

There are four types evidence by which facts can be proven or disproven at trial which include:

  • Real evidence;
  • Demonstrative evidence;
  • Documentary evidence; and.
  • Testimonial evidence.

What Cannot be used as evidence?

Documents, testimony and physical items that are not acceptable per the rules of evidence are excluded and referred to as “inadmissible”. They are kinds of evidence that cannot be presented to the judge or the jury as proof of any fact at issue in the case.

What is burden of proof under Evidence Act?

The term ‘Burden of Proof’ means when a person states something and considers it to be fact he or she needs to prove the statement made by him. This is an important concept integrated in the Indian Evidence Act, 1872. The concept of burden of proof is explained in Chapter VII of the Indian Evidence Act, 1872.

What is hearsay evidence?

Hearsay evidence is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.

What is hearsay evidence in Kenya?

The rule against hearsay is that a statement other than one made by a person while giving oral evidence in the proceedings is inadmissible as evidence of a stated fact.

Is it legal to record a police officer in Kenya?

You have a constitutional right to record police performing their duties in public. This constitutional right is only limited by the law forbidding citizens from obstructing police and the law of trespass.

Is a witness evidence?

1. A witness statement is a document recording the evidence of a person, which is signed by that person to confirm that the contents of the statement are true.

What is strong evidence in court?

Strong circumstantial evidence that only leads to one logical conclusion can sometimes become the evidence the court uses in reaching belief beyond a reasonable doubt to convict an accused. It requires assumptions and logical inferences to be made by the court to attribute meaning to the evidence.

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