What are the Rules of Evidence in Kenya

Definition of Evidence
In legal terms, evidence covers the burden of proof, admissibility,
relevance, weight and sufficiency of what should be admitted into the
record of a legal proceeding. Evidence -- crucial in both civil and
criminal proceedings -- may include blood or hair samples, video
surveillance recordings, or witness testimony.
If evidence is procured illegally, such as during an unlawful police
search, then that evidence (and any other evidence it leads to) may
not be used at trial. Evidence that is deemed irrelevant or
prejudicial to a case also may be deemed inadmissible. Additionally,
evidence may be thrown out if the integrity of its handling ("chain of
custody") is in doubt.

There are four general types of evidence:
1.
Real evidence (tangible things, such as a weapon)
2.
Demonstrative (a model of what likely happened at a given time and place)
3.
Documentary (a letter, blog post, or other document)
4.
Testimonial (witness testimony)

Terms to Know
*. Circumstantial Evidence:Evidence that tends to prove a factual
matter by proving other events or circumstances from which the
occurrence of the matter can be reasonably inferred.
*. Corroborating Evidence:Evidence that is independent of and
different from but that supplements and strengthens evidence already
presented as proof of a factual matter.
*. Hearsay:A statement made out of court and not under oath which is
offered as proof that what is stated is true (usually deemed
inadmissible).
*. Exclusionary Rule:A rule of evidence that excludes or suppresses
evidence obtained in violation of a defendant's constitutional rights.
The main difference between the use of evidence in criminal and civil
cases is the burden of proof. For a guilty verdict in a criminal
trial, the prosecution must prove guilt "beyond a reasonable doubt."
But for a civil defendant to be found liable, the plaintiff generally
need only prove culpability "by a preponderance of the evidence" (a
lower threshold).