ADVOKS GLOBAL · KENYA
Evidence Act
97. Written contracts and grants.
Edition: 2023-12-11 · In force
97. Written contracts and grants.
(1)When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions of this Act.(2)Notwithstanding the provisions of subsection (1) of this section—(a)wills admitted to probate in Kenya may be proved by the probate;(b)when a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved.(3)Subsection (1) of this section applies equally to cases in which contracts, grants or dispositions of property referred to are contained in one document, and to cases in which they are contained in more documents than one.(4)Where there are more originals than one, one original only need be proved.(5)The statement, in any document whatever, of a fact other than the facts referred to in subsection (1) of this section, shall not preclude the admission of oral evidence as to the same fact.
Case law referring to this provision