Law_of_Evidence_in_Kenya

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ReferencesBooks The evidence Act of Kenya,Act no.80 of Kenya Collin Tape, Coss o Eidee 2005 Kyalo Mou,The la ad Patie of Eidee i Keya 2009 Queti Cisp, The Naked Civil Servant (1968)Websites www.kenyalaw.org www.lawafrica.com www.michaelmurungi.blogspot.com
OPINION EVIDENCEAn opinion is a view, judgement or appraisal formed in the mind about a particular matter 57 . It isan inference which one may draw from perceived data.Opinion evidence is therefore evidence of what the witness thinks, believes or infers in regardsto the facts in dispute as distinguished from personal knowledge of the facts themselves 58 .It is important to distinguish between facts and opinions. A witness‟s view of what anotherwould do in a certain circumstance is a matter of opinion, but his view of what he himself woulddo is a matter of fact. Statements concerning speed, temperature, or the identity of persons,things and handwriting are however indissolubly composed of facts and opinions. The statementthat a car was been driven on the left side of the road is essentially one of fact but the assertionthat a particular piece of driving was negligent is a matter of inference from the observed facts. 59It is necessary to distinguish between the legitimate expression of opinion and its application toan assumed set of facts. In HG V R 60 the court held while it would have been permissible for apsychiatrist to express an opinion as to whether a child‟s behaviour indicated that it had beensexually abused it was inappropriate for him to express an opinion that the abuse had beenperpetrated by a particular person at a particular time.The General Rule is that opinion evidence is inadmissible. There are several reasons as to whythe courts exclude opinion evidence; Because it is hearsay evidence. If a witness gives a false opinion, he cannot subsequently be prosecuted for perjury 61 . Admission of opinion evidence is usurpation of the powers of the jury. Whereas it is therole of the witnesses to state facts, the drawing of inferences is a function of the court or57 Merriam Webster Dictionary58 Adrian Keane, Modern Law of Evidence59 Tapper, C. (2007). Cross & Tapper on Evidence (11 ed.). New York: Oxford University Press60 (1999)61 Perjury is the making or uttering of false evidence with the intention that court accepts it as true.
Page 1 and 2: CORROBORATION1.0 OVERVIEWCorroborat
Page 3 and 4: The definition above confines corro
Page 5 and 6: accused had been charged for indece
Page 7 and 8: IDENTIFICATION CASES; this is where
Page 9 and 10: tribunals are, with rare exceptions
Page 11 and 12: 8.3 Where corroboration is not requ
Page 13 and 14: given before the court was not enou
Page 15 and 16: Sexual Offences Act No 3 of 2006G.B
Page 17 and 18: Character Evidence in Kenyan LawThe
Page 19 and 20: evidence of a fact or directly rele
Page 21 and 22: person can be questioned on his pre
Page 23: offence with which the defendant is
Page 27 and 28: some professional or technical matt
Page 29 and 30: Experts are brought by the parties
Page 31 and 32: Opinion evidence is not binding to
Page 33 and 34: Section 50 (1) of the Evidence Act
Page 36: REFERENCESAllen, C. (2008). Practic

Law_of_Evidence_in_Kenya

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