Law_of_Evidence_in_Kenya

Relevance and Admissibility of Character Evidence in Kenya.
In civil cases
The general rule is to reject evidence of the character of the parties. 30 Generally therefore
evidence of character would not be admissible. There are however three circumstances under
which it will be admitted;
When the character is in issue or directly relevant to the issue; for example where it is a libel
suit and justification is pleaded, then the person pleading justification must be permitted to
show that person that person instituting libel suit is of the character presented in the alleged
libelous matter. 31
It will also be admitted where the character is such as to affect the quantum of damages.
Section 12 32 is applicable as well as section 55(2) 33 , an example is in a defamation suit. If you
can show that a person has not reputation then that is relevant to the quantum of damages.
Evidence of character will be admissible in this case.
Further it will be admitted where the character of a witness is always relevant to his credit
under Section 154 of the Evidence Act. Cross examination as to credibility, accuracy veracity
and character. It is therefore admitted where it is relevant in determining the credibility of the
witness. It is in these instances that the courts will accept evidence of character in civil cases.
In criminal cases
Good character evidence is admissible in criminal law 34 .It can be adduced either in chief by the
accused or other defence witnesses in cross examination of a witness called by the prosecution.
Bad character evidence is inadmissible unless such evidence is otherwise admissible as
30 Section 55 of Evidence Act, Cap 80 Laws of Kenya.
31 Section 55(1) Evidence Act Cap 80, Laws of Kenya.
32 Evidence Act Cap 80 Laws of Kenya.
33 Evidence Act Cap 80 Laws of Kenya.
34 Section 57 of the Evidence act of Kenya