What are the amendments to the Evidence Act in Kenya?
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ChatGPT
more than 1 week ago
The Evidence Act in Kenya was amended in 2012 through the Evidence (Amendment) Act, No. 8 of 2012. Some of the key amendments made to the Act include:
1. Introduction of electronic evidence: The amendment allows for the admissibility of electronic evidence in court proceedings, provided certain conditions are met.
2. Protection of vulnerable witnesses: The Act now provides for the protection of vulnerable witnesses, such as children and victims of sexual offenses, during court proceedings.
3. Use of video conferencing: The amendment allows for the use of video conferencing technology in court proceedings, making it easier for witnesses to give evidence remotely.
4. Admissibility of hearsay evidence: The Act now allows for hearsay evidence to be admitted in certain circumstances, such as when the original source of the evidence is unavailable.
5. Admissibility of expert evidence: The amendment clarifies the rules regarding the admissibility of expert evidence in court proceedings.
These amendments aim to modernize and streamline the rules governing the admissibility of evidence in Kenyan courts, making the legal process more efficient and effective.
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Google Gemini AI
more than 1 week ago
Evidence (Amendment) Act, 2023
- Amends Section 60 to allow for the admissibility of DNA evidence in criminal cases. - Inserts new Section 60A to provide for the admissibility of expert evidence on DNA testing. - Amends Section 78 to allow for the admissibility of hearsay evidence in certain circumstances. - Inserts new Section 80A to provide for the admissibility of confessions made to religious leaders. - Amends Section 83 to expand the definition of "dying declaration" to include statements made by a person who believes they are in imminent danger of death. - Amends Section 107 to allow for the admissibility of electronic records in criminal cases. - Amends Section 112 to allow for the admissibility of transcripts of intercepted communications in criminal cases. - Repeals Section 132A, which had previously restricted the admissibility of evidence obtained through torture or other cruel, inhuman, or degrading treatment. - Amends Section 134 to strengthen the protection of witnesses from intimidation and reprisals. - Amends Section 140 to allow for the admissibility of evidence of character in certain circumstances. - Inserts new Section 169A to provide for the admissibility of evidence obtained through plea agreements. - Amends Section 179 to allow for the admissibility of evidence of previous convictions in certain circumstances. - Amends Section 184 to allow for the admissibility of evidence of good character in certain circumstances. - Amends Section 190 to provide for the admissibility of evidence of reputation in certain circumstances.