Rule 128: Evidence Admissibility in Kenya
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Pring SumRule 128: Evidence Admissibility in Kenya
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Pring Sum- Rules of Admissibility
- Presentation of Evidence
Common questions
Powered by AISecondary evidence can be used as proof in court in instances where the original document is unavailable. This can happen if the original has been lost, destroyed, or is beyond the jurisdiction of the court. Certified true copies of the original document can be presented as secondary evidence to provide proof in these situations .
Preponderance of evidence is a standard used in civil cases to determine the outcome. It requires that the evidence presented by one side must be more convincing and probable in truth and accuracy than the opposing party’s evidence. This standard dictates that the party with the more convincing evidence wins the case .
Hearsay evidence may be admissible under several exceptions, such as dying declarations, statements against interest, declarations about pedigree, family reputation regarding pedigree, common reputation, records routinely kept, entries in official records, learned treatises, prior testimony under specific conditions, and the residual exception .
Opinion evidence is generally inadmissible unless it falls under specific exceptions. Expert witnesses, who have specialized knowledge on a subject, are permitted to provide opinion evidence relevant to their expertise. Similarly, ordinary witnesses may offer opinions on matters within their personal experience, such as familiarity with handwriting. These exceptions are allowed because they help the court understand complex or technical evidence .
Certain testimonial privileges protect communications from disclosure including attorney-client privilege, doctor-patient privilege (encompassing physicians, psychotherapists, or perceived medical practitioners), minister-penitent privilege, and official communications made in confidence to a public officer. These privileges ensure confidentiality in sensitive relationships and scenarios .
Oral or parol evidence can be introduced to explain the terms of a written agreement in cases of intrinsic ambiguity, mistakes, or imperfections within the written document. Additionally, it may be used during reformation or when there is a need to interpret the document according to its intended meaning and under specific circumstances .
The 'best evidence rule' mandates that the original version of a document be produced when its contents are in dispute during court proceedings. This rule signifies the need to present the most reliable and accurate form of evidence to prevent fraud, misinterpretation, or secondary accounts from impacting the judicial decision-making process. If the original document is unavailable, secondary evidence may be considered under specific circumstances .
Rules of procedure are essential in a judicial system as they establish a connection between substantive law, which encompasses the legal statutes governing various matters, and judicial administration, which involves the mechanisms through which justice is delivered. These rules dictate the processes and guidelines that courts and legal practitioners follow to ensure fair and consistent application of justice, thereby bridging the gap between theoretical legal principles and their practical enforcement .
The burden of proof relates to the responsibility of a party to establish their claims to the court, and it never shifts during a trial. In contrast, the burden of evidence requires a party to present sufficient evidence to establish or rebut a fact in issue, which can shift between parties based on the evidence presented in court .
In civil cases, an offer of compromise is not considered an admission of liability and cannot be admitted as evidence against the offeror. Conversely, in criminal cases, an offer of compromise by the accused may be interpreted as an implied admission of guilt, except in cases involving quasi-offenses or those permitted by law to be compromised .
