1.   Short title


   2.   No person to be excluded from giving evidence, except on valid legal objection


   3.   Court to decide on admissibility of evidence


   4.   Incompetency from insanity and intoxication


   5.   Children who understand the obligation of an oath competent Children to be examined on oath


   6.   Form of oath


   7.   Competency notwithstanding consanguinity or affinity


   8.   No witness compellable to answer questions which spouse might decline


   9.   Spouses incompetent after divorce as to matters occurring during the subsistence of the marriage, as to which they would have been incompetent during the marriage


   10.   Privilege of professional advisers


   11.   Court may find and give judgment on any issue of fact on evidence of single witness


   12.   Inadmissibility of irrelevant evidence


   13.   Evidence of character, when admissible


   14.   Admission of facts or points in issue on the record


   15.   Necessity of best evidence of fact to be proved


   16.   Proof of appointment to public office


   17.   Proof of records and instruments in writing


   18.   Examination of witnesses de bene esse


   19.   Admissibility of testimony of absent or deceased witness


   20.   Hearsay evidence


   21.   Witness excused from answering questions the answers to which would expose him to penalties or degrade his character


   22.   Witness not excused from answering question because answer would establish civil claim


   23.   Privilege on ground of public policy or regard to the public interest


   24.   Impeachment and support of witness's credibility


   25.   Spouses not compellable to disclose communications between them


   26.   Witnesses not compellable to answer certain questions


   27.   Parties to a suit not entitled to expenses when giving evidence in their own behalf


   28.   When adduced by opposite party expenses receivable


   29.   When affirmation may be substituted for oath


   30.   When unsworn testimony admissible


   31.   Evidence of the genuineness of disputed writings


   32.   Certified copies or extracts of documents admissible


   33.   Punishment for false certificate


   34.   Who empowered to administer oaths




Bankers' Books


   35.   Entries in certain books admissible in certain cases


   36.   Examined copies also admissible


   37.   Notice that such evidence will be adduced must be given and liberty given to inspect


   38.   Party receiving notice may apply to a judge for liberty to inspect


   39.   Judge may order that entries and copies shall not be admissible


   40.   Bank not compelled to produce any books unless ordered by judge


   41.   Part not to apply to proceedings to which bank is a party


   42.   Interpretation


Proc. 1891,
Proc. 36, 1909,
Cap. 13, 1959,
Proc. 36, 1959,
L.N. 84, 1966,
Act 26, 1977.

An Act declaring in certain respects the law of evidence.

[Date of Commencement: 10th June, 1891]

General (ss 1-34)


1.   Short title

   This Act may be cited as the Evidence in Civil Proceedings Act.


2.   No person to be excluded from giving evidence, except on valid legal objection

   From and after the passing of this Act no person shall be excluded from being sworn as a witness or from giving evidence in any court, except in respect of a legal objection to his competency made, and appearing, to such court to be valid.


3.   Court to decide on admissibility of evidence

   It shall be competent for the court alone in which any case may be depending to decide upon all questions concerning the competency of any witness or the admissibility of any evidence.


4.   Incompetency from insanity and intoxication

   No person appearing, or proved, to be afflicted with idiocy, lunacy or insanity, or labouring under imbecility of mind arising from intoxication or otherwise, whereby he is deprived of the proper use of reason, shall in any case be competent to give evidence while under the influence of any such malady or disability.

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