Law_of_Evidence_in_Kenya

CHARACTER EVIDENCE
Introduction
The Osos Coise la ditioay defies haate eidee as eidee elatig to the
good or the bad character of a witness. The evidence act of Kenya recognizes that the word
character includes reputation and disposition. 24 Disposition has been defined as the tendency of
a person, especially the accused, to act in a particular way 25 while reputation as the estimation
in which a person is generally held. 26
Oe a tell a pesos disposition through observing
that person, that is, how are they likely to behave in a particular circumstance. Reputation on
the other hand is more specific than disposition; it refers to the general estimation with which a
person is held. For instance you may have a reputation of being a liar and people will perceive
you as someone who lies. These will be people with whom you work with or even know you
generally. With disposition, you have no control over, you could try but a lot has to do with
what one is predisposed to but with reputation it the way people perceive you. As Abraham
Liol stated, dispositio is the tee hile eputatio is the tees shado.
Relevance of Character Evidence
The law assumes that there is a link between character and credibility.A pesos
haate a theefoe ifluee a outs deisio.
Character evidence helps the Court gauge the credibility of a witness. A court is unlikely
to place great faith on a witness who has a record of previous conviction.On the other
hand,the prosecution can employ bad character evidence to prove quilt rather that the
credibility.
On the side of an accused ,good character,if adduced,will seek to convince the court
that the accused is unlikely to have commited the offence because it is not in his
disposition and reputation.On the other hand, evidence of bad character will be
adduced in court in a bid to convince the court that it is in the accused character to
commit such a crime.
24 Section 58 of the Evidence act of Kenya
25 Oxford dictionary of law 2 nd Edition.
26 (n2 above)