ADVOKS GLOBAL · KENYA
Protection of Aircraft Act
10. Evidence taken abroad.
Edition: 2022-12-31 · In force
10. Evidence taken abroad.
(1)Where in any proceedings for an offence committed on board an aircraft the testimony of any person is required, and the court is satisfied that such person cannot be found in Kenya, there shall be admissible in evidence before that court any deposition relating to the subject matter of those proceedings previously made on oath by that person outside Kenya which was so made—(a)in the presence of the person charged with the offence; and(b)before a judge or magistrate of a country of which section 95 of the Constitution for the time being applies or before a consular officer of the Government.(2)Any deposition mentioned in subsection (1) of this section shall be authenticated by the signature of the judge, magistrate or consular officer before whom it was made, who shall certify that the person charged with the offence was present at the taking of the deposition.(3)It shall not be necessary in any proceedings to prove the signature or official character of the person appearing to have authenticated a deposition or to have given a certificate under this section, and the certificate shall, unless the contrary is proved, be sufficient evidence in any proceedings that the person charged with the offence was present at the making of the deposition.(4)If a complaint is made to a consular officer of the Government that any offence has been committed on board a Kenya-controlled aircraft while in flight elsewhere than in or over Kenya, that officer may inquire into the case upon oath.(5)In this section—"deposition" includes an affidavit, affirmation or statement made upon oath; and"oath" includes an affirmation or declaration, and nothing in this section shall prejudice the admission as evidence of any deposition which is admissible in evidence apart from this section.