AGADVOKS GLOBALKENYA · ENGLISH
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Evidence Act

163. Evidence to impeach the credit of a witness.

Edition: 2023-12-11 · In force

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163. Evidence to impeach the credit of a witness.

(1)The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the court, by the party who calls him—
(a)by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit;
(b)by proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence;
(c)by proof of former statements, whether written or oral, inconsistent with any part of his evidence which is liable to be contradicted;
(d)when a man is prosecuted for rape or an attempt to commit rape, it may be shown that the prosecutrix was of generally immoral character.
(2)A person who, called as a witness pursuant to paragraph (a) of subsection (1) of this section, declares another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with giving false evidence.

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Source: Kenya Law