Below is Section 17-24 of the Kenya Evidence Act which deals with Admission of evidence.
17. Admissions defined generally
An admission is a statement, oral or documentary, which suggests any inference
as to a fact in issue or relevant fact, and which is made by any of the persons and
in the circumstances hereinafter mentioned.
18. Statements by party to suit or agent or interested person
(1) Statements made by a party to the proceeding, or by an agent to any such
party, whom the court regards in the circumstances of the case as expressly or
impliedly authorized by him to make them, are admissions.
(2) Statements made by parties to suits, suing or sued in a representative
character, are not admissions unless they were made while the party making them
held that character.
(3) Statements made by—
(a) persons who have any proprietary or pecuniary interest in the subject-
matter of the proceeding, and who make the statement in the
character of persons so interested; or
(b) persons from whom the parties to a suit have derived their interest in
the subject-matter of the suit,
are admissions if they are made during the continuance of interest of the persons
making the statements.
19. Statements by persons whose position or liability must be proved as
against party to suit
Statements made by persons whose position or liability it is necessary to
prove as against any party to a suit, are admissions if such statements would be
admissible as against such persons in relation to such position or liability in a suit
brought by or against them, and if they are made whilst the person making them
occupies such position or is subject to such liability.
20. Statements by persons expressly referred to by party to suit
Statements made by persons to whom a party to the suit has expressly referred
for information in reference to a matter in dispute are admissions.
20A. Proof of written statement by consent
(1) If the person who makes a statement cannot read it, the statement shall be
read to him by an officer of or above the rank of a Chief Inspector or a magistrate
before he signs it, and an endorsement shall be made thereof by the person who
so read the statement to the effect that it was so read.
(2) A copy of the statement, together with a copy of any document referred to
in the statement as an exhibit, or with such information as may be necessary in
order to enable the party on whom it is served to inspect such document or a copy
thereof, shall, before the date on which the document is to be tendered in evidence,
be served on each of the other parties to the proceedings, and any such party may, at least two days before the commencement of the proceedings, object to the
statement being tendered in evidence under this section.
(3) If a party objects under subsection (2) that the statement in question be
tendered in evidence, the statement shall not, but subject to the provisions of
subsection (4), be admissible as evidence under this section.
(4) If a party does not object under subsection (2) or if the parties agree
before or during the proceedings in question that the statement may be so
tendered in evidence, the statement may, upon the mere production thereof at such
proceedings, be admitted as evidence in the proceedings.
(5) When the documents referred to in subsection (3) are served on an accused
person, the documents shall be accompanied by a written notification in which the
accused person is informed that the statement in question shall be tendered in
evidence at his trial in lieu of the State calling as a witness the person who made
the statement, but that such statement shall not without the consent of the accused
person be so tendered in evidence if he notifies the prosecutor concerned, at least
two days before the commencement of the proceedings, that he objects to the
statement so being tendered in evidence.
(6) The parties to criminal proceedings may, before or during such proceedings,
agree that any written statement referred to in subsections (1) which has not been
served in terms of subsection (2) be tendered in evidence at such proceedings,
whereupon such statement may, upon the mere production thereof at such
proceedings, be admitted as evidence in the proceedings.
(7) Notwithstanding that a written statement made by any person may be
admissible as evidence under this section—
(a) a party by whom or on whose behalf a copy of the statement was
served, may call such person to give oral evidence;
(b) the court may, of its own motion, and shall, upon the application of
any party to the proceedings in question, cause the person giving oral
evidence to be summoned before the court, or the court may, where
the person concerned is resident outside the court's jurisdiction, issue
summons to be effected through the diplomatic channel.
(8) Any document or object referred to as an exhibit and identified in a written
statement tendered in evidence under this section, shall be treated as if it had
been produced as an exhibit and identified in court by the person who made the
statement.
(9) Any person who makes a statement which is admitted as evidence under
this section and who in such statement willfully and falsely states anything which,
if sworn, would have amounted to the offence of perjury, shall be deemed to
have committed the offence of perjury and shall, upon conviction, be liable to the
punishment prescribed therefor.
[Act No. 19 of 2014, s. 26.]
21. Proof of admissions against persons making them, and by or on their
behalf
Subject to the provisions of this Act, an admission may be proved as against
the person who makes it or his representative in interest; but an admission cannot
be proved by or on behalf of the person who makes it or by his representative in
interest, except in the following cases—
(a) when it is of such a nature that, if the person making it were dead,
it would be admissible as between third persons under section 33 of
this Act;
(b) when it consists of a statement of the existence of any state of mind or
body, relevant or in issue, made at or about the time when such state
of mind or body existed, and is accompanied by conduct rendering its
falsehood improbable;
(c) if it is relevant otherwise than as an admission.
22. Oral admissions as to contents of documents
Oral admissions as to the contents of a document may not be proved unless and
until the party proposing to prove them shows that he is entitled to give secondary
evidence of the contents of such document under the provisions of this Act or
unless the genuineness of a document produced is in question.
23. Admissions made without prejudice in civil cases
(1) In civil cases no admission may be proved if it is made either upon an
express condition that evidence of it is not to be given or in circumstances from
which the court can infer that the parties agreed together that evidence of it should
not be given.
(2) Nothing in subsection (1) of this section shall be taken to exempt any
advocate from giving evidence of any matter of which he may be compelled to give
evidence under section 134 of this Act.
24. Effect of admissions
Admissions are not conclusive proof of the matters admitted, but they may
operate as estoppels under the provisions hereinafter contained.
17. Admissions defined generally
An admission is a statement, oral or documentary, which suggests any inference
as to a fact in issue or relevant fact, and which is made by any of the persons and
in the circumstances hereinafter mentioned.
18. Statements by party to suit or agent or interested person
(1) Statements made by a party to the proceeding, or by an agent to any such
party, whom the court regards in the circumstances of the case as expressly or
impliedly authorized by him to make them, are admissions.
(2) Statements made by parties to suits, suing or sued in a representative
character, are not admissions unless they were made while the party making them
held that character.
(3) Statements made by—
(a) persons who have any proprietary or pecuniary interest in the subject-
matter of the proceeding, and who make the statement in the
character of persons so interested; or
(b) persons from whom the parties to a suit have derived their interest in
the subject-matter of the suit,
are admissions if they are made during the continuance of interest of the persons
making the statements.
19. Statements by persons whose position or liability must be proved as
against party to suit
Statements made by persons whose position or liability it is necessary to
prove as against any party to a suit, are admissions if such statements would be
admissible as against such persons in relation to such position or liability in a suit
brought by or against them, and if they are made whilst the person making them
occupies such position or is subject to such liability.
20. Statements by persons expressly referred to by party to suit
Statements made by persons to whom a party to the suit has expressly referred
for information in reference to a matter in dispute are admissions.
20A. Proof of written statement by consent
(1) If the person who makes a statement cannot read it, the statement shall be
read to him by an officer of or above the rank of a Chief Inspector or a magistrate
before he signs it, and an endorsement shall be made thereof by the person who
so read the statement to the effect that it was so read.
(2) A copy of the statement, together with a copy of any document referred to
in the statement as an exhibit, or with such information as may be necessary in
order to enable the party on whom it is served to inspect such document or a copy
thereof, shall, before the date on which the document is to be tendered in evidence,
be served on each of the other parties to the proceedings, and any such party may, at least two days before the commencement of the proceedings, object to the
statement being tendered in evidence under this section.
(3) If a party objects under subsection (2) that the statement in question be
tendered in evidence, the statement shall not, but subject to the provisions of
subsection (4), be admissible as evidence under this section.
(4) If a party does not object under subsection (2) or if the parties agree
before or during the proceedings in question that the statement may be so
tendered in evidence, the statement may, upon the mere production thereof at such
proceedings, be admitted as evidence in the proceedings.
(5) When the documents referred to in subsection (3) are served on an accused
person, the documents shall be accompanied by a written notification in which the
accused person is informed that the statement in question shall be tendered in
evidence at his trial in lieu of the State calling as a witness the person who made
the statement, but that such statement shall not without the consent of the accused
person be so tendered in evidence if he notifies the prosecutor concerned, at least
two days before the commencement of the proceedings, that he objects to the
statement so being tendered in evidence.
(6) The parties to criminal proceedings may, before or during such proceedings,
agree that any written statement referred to in subsections (1) which has not been
served in terms of subsection (2) be tendered in evidence at such proceedings,
whereupon such statement may, upon the mere production thereof at such
proceedings, be admitted as evidence in the proceedings.
(7) Notwithstanding that a written statement made by any person may be
admissible as evidence under this section—
(a) a party by whom or on whose behalf a copy of the statement was
served, may call such person to give oral evidence;
(b) the court may, of its own motion, and shall, upon the application of
any party to the proceedings in question, cause the person giving oral
evidence to be summoned before the court, or the court may, where
the person concerned is resident outside the court's jurisdiction, issue
summons to be effected through the diplomatic channel.
(8) Any document or object referred to as an exhibit and identified in a written
statement tendered in evidence under this section, shall be treated as if it had
been produced as an exhibit and identified in court by the person who made the
statement.
(9) Any person who makes a statement which is admitted as evidence under
this section and who in such statement willfully and falsely states anything which,
if sworn, would have amounted to the offence of perjury, shall be deemed to
have committed the offence of perjury and shall, upon conviction, be liable to the
punishment prescribed therefor.
[Act No. 19 of 2014, s. 26.]
21. Proof of admissions against persons making them, and by or on their
behalf
Subject to the provisions of this Act, an admission may be proved as against
the person who makes it or his representative in interest; but an admission cannot
be proved by or on behalf of the person who makes it or by his representative in
interest, except in the following cases—
(a) when it is of such a nature that, if the person making it were dead,
it would be admissible as between third persons under section 33 of
this Act;
(b) when it consists of a statement of the existence of any state of mind or
body, relevant or in issue, made at or about the time when such state
of mind or body existed, and is accompanied by conduct rendering its
falsehood improbable;
(c) if it is relevant otherwise than as an admission.
22. Oral admissions as to contents of documents
Oral admissions as to the contents of a document may not be proved unless and
until the party proposing to prove them shows that he is entitled to give secondary
evidence of the contents of such document under the provisions of this Act or
unless the genuineness of a document produced is in question.
23. Admissions made without prejudice in civil cases
(1) In civil cases no admission may be proved if it is made either upon an
express condition that evidence of it is not to be given or in circumstances from
which the court can infer that the parties agreed together that evidence of it should
not be given.
(2) Nothing in subsection (1) of this section shall be taken to exempt any
advocate from giving evidence of any matter of which he may be compelled to give
evidence under section 134 of this Act.
24. Effect of admissions
Admissions are not conclusive proof of the matters admitted, but they may
operate as estoppels under the provisions hereinafter contained.