Evidence Law: Opinion Evidence in Kenya

Section 48-54 of the Kenya Evidence Act

OPINIONS
48. Opinions of experts
(1) When the court has to form an opinion upon a point of foreign law, or
of science or art, or as to identity or genuineness of handwriting or finger or
other impressions, opinions upon that point are admissible if made by persons
specially skilled in such foreign law, science or art, or in questions as to identity, or
genuineness of handwriting or fingerprint or other impressions.
(2) Such persons are called experts.
49. Facts bearing upon opinions of experts
Facts not otherwise admissible are admissible if they support or are inconsistent
with the opinions of experts, when such opinions are admissible.
50. Opinion as to handwriting
(1) When the court has to form an opinion as to the person by whom any
document was written or signed, the opinion of any person acquainted with the
handwriting of the person by whom it is supposed to be written or signed that it was
or was not written or signed by that person, is admissible.
(2) For the purposes of subsection (1) of this section, and without prejudice to
any other means of determining the question, a person is said to be acquainted with
the handwriting of another person when he has seen that person write, or when
he has received documents purporting to be written by that person in answer to
documents written by himself or under his authority and addressed to that person,
or when in the ordinary course of business documents purporting to be written by
that person have been habitually submitted to him.
51. Opinion relating to customs and rights
(1) When the court has to form an opinion as to the existence of any general
custom or right, the opinions as to the existence of such custom or right of persons
who would be likely to know of its existence if it existed are admissible.
(2) For the purposes of subsection (1) of this section the expression “general
custom or right” includes customs or rights common to any considerable class
of persons.
52. Opinions of persons with special knowledge
When the court has to form an opinion as to—
(a) the usages and tenets of any association, body of men or family; or
(b) the constitution and government of any religious or charitable
foundation; or
(c) the meaning of words or terms used in particular districts or by
particular classes of people,
the opinions of persons having special means of knowledge thereon are
admissible.
53. Opinion on relationship
When the court has to form an opinion as to the relationship of one person to
another, the opinion, expressed by conduct, as to the existence of such