ADVOKS GLOBAL · KENYA
Evidence Act
34. Admissibility of evidence given in previous proceedings.
Edition: 2023-12-11 · In force
34. Admissibility of evidence given in previous proceedings.
(1)Evidence given by a witness in a judicial proceeding is admissible in a subsequent judicial proceeding or at a later stage in the same proceeding, for the purpose of proving the facts which it states, in the following circumstances—(a)where the witness is dead, or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or where his presence cannot be obtained without an amount of delay or expense which in the circumstances of the case the court considers unreasonable;and where, in the case of a subsequent proceeding—(b)the proceeding is between the same parties or their representatives in interest; and(c)the adverse party in the first proceeding had the right and opportunity to cross-examine; and(d)the questions in issue were substantially the same in the first as in the second proceeding.(2)For the purposes of this section—(a)the expression "judicial proceeding" shall be deemed to include any proceeding in which evidence is taken by a person authorized by law to take that evidence on oath; and(b)a criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused.