The Constitutional Basis for the Law of Evidence in Kenya

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The Constitution of Kenya 2010 has provisions which relate to matters of evidence.

Article:

  • 49(1)(d)-Not to be compelled to make any confession or admissions that could be used in evidence against the person.
  • 50(2)(j)- To be informed in advance of the evidence the prosecution intends to rely on and to have reasonable access to that evidence.
  • 50(2)(k)-To adduce and challenge evidence.
  • 50(2)(l)-To refuse to give self-incriminating evidence.
  • 50(4)- Evidence obtained in a manner that violates any right or fundamental freedom in the Bill of Rights shall be excluded if the admission of that evidence would render that trial unfair or would otherwise be detrimental to the administration of justice