ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
31. Power to re- appraise evidence and to take additional evidence
Edition: 2022-12-31 · In force
31. Power to re- appraise evidence and to take additional evidence
(1)On an appeal from a decision of a superior court acting in the exercise of its original jurisdiction, the Court shall have power—(a)to re-appraise the evidence and to draw inferences of fact;and(b)in its discretion and for sufficient reason, to take additional evidence or direct that additional evidence be taken by the trial court.(2)When additional evidence is taken by the Court, the evidence may be taken orally or by affidavit and the Court may allow the cross- examination of any deponent.(3)When additional evidence is taken by the trial court, it shall certify such evidence to the Court, with a statement of its opinion on the credibility of the witness or witnesses giving the additional evidence.(4)When additional evidence is taken by a commissioner, the commissioner shall certify the evidence to the Court, without any such statements of opinion.(5)Each party to the appeal shall be entitled to be present when the additional evidence is taken.