Law_of_Evidence_in_Kenya

some professional or technical matter arising in the case and who are permitted to give their
opinions as to such matter on account of their special training, skill or familiarity with it. 65
Section 48 (2) of the Evidence Act defines an expert as a person who is skilled in matters of
foreign law, finger impressions, science or art or the identity or genuineness of handwriting.
The question of whether a person is an expert raises a lot of questions. For a person to be an
expert, he/she must;
Be shown to be competent
Have a special study of the subject or have long experience on the subject matter
Have acquired special experience as the value of the evidence of an expert will be
enhanced or depreciated according to the number of years they have practised.
The court has to be satisfied that the person before it is an expert and the matter before it requires
expert evidence. In R V Gilfoyle 66 , the court of appeal held that evidence of a “psychological
autopsy” of a deceased person was not expert evidence of a kind that can be placed before a
court but new areas of expertise are accepted from time to time. The court did not recognize
psychological autopsy as a field of expertise.
RULES GOVERNING EXPERT EVIDENCE
1. An opinion given by an expert is based on the facts in a particular case. These facts must
however themselves be proved by admissible evidence.
2. An expert is not bound to only give expert opinion from matters he gains knowledge of
by perceiving through his five senses. He/she may draw inferences from what he/she has
perceived through his/her senses.
3. An expert may support his/her opinion by referring to articles, letters, journals or other
material whether published or not when giving their testimony. In R V Abadom 67 , the
appellant had been convicted of robbery. On appeal he raised the question about the
materials that could be used by expert witnesses when giving evidence. The prosecution
relied on a pair of his shoes which had fragments of glass embedded in them as the main
evidence.
65 Blaks La Ditioay
66 (2001) Crim. LR 312
67 (1983) 1 All ER, 364