Evidence Law: Oral Evidence in Kenya

Below is Section 62-63A of the Kenya Evidence Act which deals with Oral evidence

62. Oral evidence
All facts, except the contents of documents, may be proved by oral evidence.
63. Oral evidence must be direct
(1) Oral evidence must in all cases be direct evidence.
(2) For the purposes of subsection (1) of this section, “direct evidence” means
—
(a) with reference to a fact which could be seen, the evidence of a witness
who says he saw it;
(b) with reference to a fact which could be heard, the evidence of a
witness who says he heard it;
(c) with reference to a fact which could be perceived by any other sense
or in any other manner, the evidence of a witness who says he
perceived it by that sense or in that manner;
(d) with reference to an opinion or to the grounds on which that opinion
is held, the evidence of the person who holds that opinion or, as the
case maybe, who holds it on those grounds:
Provided that the opinion of an expert expressed in any treatise
commonly offered for sale, and the grounds on which such opinion is
held, may be proved by the production of such treatise if the author is
dead or cannot be found, or has become incapable of giving evidence,
or cannot be called as a witness without an amount of delay or
expense which the court regards as unreasonable.
(3) If oral evidence refers to the existence or condition of any material thing,
other than a document, the court may, if it thinks fit, require the production of such
material thing for its inspection.
63A. Teleconferencing and video conferencing
(1) A court may receive oral evidence through teleconferencing and video
conferencing.
(2) The Chief Justice may develop regulations to govern the use of
teleconferencing and video conferencing.