Evidence Act

86. Gazettes, newspapers and documents produced from proper custody.

Edition: 2023-12-11 · In force

86. Gazettes, newspapers and documents produced from proper custody.

(1)The court shall presume the genuineness of every document purporting to be—

(a)the London Gazette, the Edinburgh Gazette, or the official Gazette of any country in the Commonwealth;

(b)a newspaper or journal;

(c)a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody.

(2)Documents are said to be in proper custody if they are in the place in which and under the care of the person with whom they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render such an origin probable.

Case law referring to this provision

Ramogi & 3 others v Attorney General & 4 others; Muslims for Human Rights & 2 others (Interested Parties) (Constitutional Petition 159 of 2018 & 201 of 2019 (Consolidated)) [2020] KEHC 10266 (KLR) (6 November 2020) (Judgment)

← Previous provision Next provision →

Source: Kenya Law