ADVOKS GLOBAL · KENYA
Evidence Act
3. Interpretation.
Edition: 2023-12-11 · In force
3. Interpretation.
(1)In this Act, unless the context otherwise requires—"admissible" means admissible in evidence;"advocate" has the meaning ascribed to that expression in the Advocates Act (Cap. 16), and includes any person entitled, pursuant to section 9 of that Act, to act as an advocate, whilst so acting in connection with the duties of his office;"bank" means a person or company or other body of persons carrying on, whether on his or their own behalf or as agent for another, any banking business (as defined in section 2 of the Banking Act (Cap. 488), and includes—(a)a financial institution within the meaning of section 2 of the Banking Act (Cap. 488);(b)the Kenya Post Office Savings Bank established by the Kenya Post Office Savings Bank Act (Cap. 493B);(c)the Co-operative Bank of Kenya Limited; and(d)for the purposes of subsections 176 and 177, any person or company or other body of persons carrying on banking business in Tanzania or Uganda;"banker’s book" includes a ledger, day book, cash book, account book, and any other book used in the ordinary business of the bank, whether in written form or micro-film, magnetic tape or any other form of mechanical or electronic data retrieval mechanism whether kept in written form or printouts or electronic form;"computer" means any device that receives, stores and processes data, or information applying stipulated processes to the data and supplying results of that data or information; and any reference to information being derived from other information shall be construed to include a reference to its being derived therefrom by calculation, comparison or any other process;"court" includes all judges and magistrates, and persons, except arbitrators, legally authorized to take evidence;"evidence" denotes the means by which an alleged matter of fact, the truth of which is submitted to investigation, is proved or disproved; and, without prejudice to the foregoing generality, includes statements by accused persons, admissions, and observation by the court in its judicial capacity;"fact" includes—(a)any thing, state of things, or relation of things, capable of being perceived by the senses; and(b)any mental condition of which any person is conscious;"fact in issue" means any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows;"Gazette and Government Printer" respectively include the Gazette and the Organization Printer as defined in the Interpretation Act of the High Commission, and the High Commission Printer as formerly so defined;"photograph” means an image created by light falling on a light sensitive surface, either photographic film or an electronic medium and made visible and permanent by chemical treatment or stored digitally;"public officer" except in section 80 of this Act, includes an officer in the service of the Organization.(2)A fact is proved when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, in the circumstances of the particular case, to act upon the supposition that it exists.(3)A fact is disproved when, after considering the matters before it, the court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, in the circumstances of the particular case, to act upon the supposition that it does not exist.(4)A fact is not proved when it is neither proved nor disproved.Case law referring to this provision