ADVOKS GLOBAL · KENYA
Merchant Shipping Act
440. Admissibility of documents generally
Edition: 2023-12-11 · In force
440. Admissibility of documents generally
(1)Where a document is by this Act declared to be admissible in evidence the document shall, on its production from proper custody—(a)be admissible in evidence in any court or before any person having by law or consent of parties authority to receive evidence; and(b)subject to all just exceptions, be evidence of the matters stated in the document.(2)A copy of, or extract from, any document so made admissible in evidence shall, subject to subsection (3), also be admissible in evidence and evidence of the matters stated in the document.(3)A copy of, or extract from, a document shall not be admissible by virtue of subsection (2), unless—(a)it is proved to be an examined copy or extract; or(b)it purports to be signed and certified as a true copy or extract by the officer to whose custody the original document was entrusted,and that officer shall furnish the certified copy or extract to any person who applies for it at a reasonable time and pays such reasonable price as the Director-General may determine.(4)A person shall, on payment of such reasonable price as the Director-General may determine, be entitled to have a certified copy of any declaration or document a copy of which is made evidence by this Act.(5)Where any officer having duties of certification under subsection (3), in relation to any document, intentionally certifies any document as being a true copy or extract knowing that the copy or extract is not a true copy or extract, he commits an offence and shall be liable, upon conviction, to a fine not exceeding fifty thousand shillings, or imprisonment for a term not exceeding six months, or both.