CHUKA UNIVERSITY
MAIN CAMPUS
ACADEMIC YEAR 2022/2023
EXAMINATION FOR THE BACHELORS DEGREE IN BACHELOR OF LAWS
LAW OF EVIDENCE
DATE: MAY
INSTRUCTIONS:
ANSWER THREE QUESTIONS
OUESTION 1 IS MANDATORY
QUESTION 1:
1. “A, who witnessed an act of dangerous driving, some weeks later said
to B that the car in question was blue and at the same time made a
written note to the same effect. B reported to C what A had said to
him. If A is subsequently called as a witness in proceedings concerned
with the incident in question, he may of course make a statement from
the witness box in the course of giving his evidence to the effect that
the colour of the car he saw was blue. Evidence may not be given,
however, by A,B, or C of the oral statement made by A out of court.
Likewise, the written statement made by A is inadmissible. if A were to
give evidence that the car in question was blue, and it were suggested
to him in cross-examination that his evidence had been recently
fabricated, his former out-of-court statements would be admissible, but
not as evidence that the car was in fact blue. If A were to give
evidence that the car in question was red, and under cross-
examination about his previous out-of-court statements were to deny
having made them, they could be proved against him, again not as
evidence that the car was in fact blue.
Discuss the above excerpt in light of the rule of hearsay and the
exceptions thereto.
(30 Marks)
Question 2:.
a. John, a student of Evidence at Chuka University has come to you
wanting to know the difference between testimony and parole
evidence. Give a detailed explanation (10 Marks)
b. Distinguish between private documents public documents while noting
to explain how they are to be produced in Court.
(10 Marks)
Question 3:
The Supreme Court of Kenya, in the case of Republic Vs. Ahmed Abolfathi
& Anor. Petition No. 39 of 2018, discussed at length the differences
between a confession and an admission. In light of the pronouncement in the
said judgment, critically discuss the differences between a confession and an
admission. (20 Marks)
Question 4
a. Parties are at liberty to bring into Court any evidence they find
important to support their case. However, not all such evidence may
be admitted by Court. Examine the law governing admissibility of
evidence in Kenya (10 Marks)
b. Briefly explain the procedure set-out under the Evidence Act that a
litigant is to comply with for electronic evidence to be admissible in a
Court of law. (10 Marks)
Question 5:
Briefly outline the rules of evidence that govern each of the following:
(a) Attestation and execution of documents
(4 Marks)
(b) Documentary evidence and parol/extrinsic evidence.
(4 Marks)
(c) Stamp duty and unstamped documents.
(4 Marks)
(d) Written hearsay. (4
Marks)
(e) Production of Public Documents in Court
(4 Marks)
