Civil Procedure Rules
8. Particulars of evidence in mitigation [Order 2, rule 8]
8. Particulars of evidence in mitigation [Order 2, rule 8]
In an action for libel or slander in which the defendant does not by his defence assert the truth of the statement complained of, the defendant shall not be entitled at the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under which the libel or slander was published, or as to the character of the plaintiff, without the leave of the court, unless at least twenty-one days before the trial he has given the plaintiff particulars of the matters on which he intends to give evidence.Source: Kenya Law