LAW-F26-EVIDENCE-06 COMPREHENSIVE MOCK
EXAM PREDICTOR 2026/2027 Q&A
Under the Kenyan Law of Evidence Act (Cap 80), which of the following
best defines "relevant facts"?
A. Facts that are directly disputed by the parties in the case
B. Facts that make the existence of any fact in issue more or less
probable
C. Facts that are admitted by all parties without contention
D. Facts that the judge decides to consider at their discretion
Correct Answer: B
Explanation: Section 3 of the Evidence Act defines relevant facts as
those which make the existence or non-existence of any fact in issue
more or less probable. Option A describes facts in issue, Option C
describes admitted facts, and Option D incorrectly suggests judicial
discretion rather than legal relevance.
In a criminal trial for murder, the prosecution must prove the case
beyond reasonable doubt. What is the standard of proof required for
the defence to establish an affirmative defence such as insanity?
A. Beyond reasonable doubt
B. Balance of probabilities
C. Clear and convincing evidence
D. Prima facie evidence
Correct Answer: B
Explanation: In Kenyan law, the defence bears a lighter burden
when proving affirmative defenses like insanity - they must prove
on a balance of probabilities (more likely than not), whereas the
prosecution must prove guilt beyond reasonable doubt.
Which of the following statements about hearsay evidence is CORRECT
under Kenyan law?
, A. Hearsay evidence is always admissible in civil cases
B. Hearsay evidence is generally inadmissible but has statutory
exceptions
C. Hearsay evidence is admissible if the original maker is unavailable
D. Hearsay evidence is admissible if corroborated by other evidence
Correct Answer: B
Explanation: The hearsay rule excludes out-of-court statements
offered for their truth, but the Evidence Act provides specific
exceptions such as res gestae, dying declarations, and statements in
public documents.
A confession made by an accused person to a police officer is:
A. Always admissible in court
B. Admissible if corroborated by other evidence
C. Generally inadmissible unless made before a magistrate
D. Admissible only in summary offences
Correct Answer: C
Explanation: Under Section 25 of the Kenyan Evidence Act,
confessions to police officers are generally inadmissible to prevent
coercion. They must be made before a magistrate to be admissible.
Which presumption is REBUTTABLE under Kenyan law?
A. Presumption of marriage from long cohabitation
B. Presumption of the validity of a duly registered marriage
C. Presumption that a child under 8 years cannot commit a crime
D. Presumption of the authenticity of public documents
Correct Answer: A
Explanation: Presumption of marriage from long cohabitation is
rebuttable - it can be challenged with evidence. The presumption
that a child under 8 cannot commit a crime is irrebuttable
(conclusive) under Kenyan law.
,In a civil case, what is the general rule regarding the burden of proof?
A. It lies on the defendant to disprove the plaintiff's case
B. It lies on the person who asserts the affirmative of any issue
C. It is shared equally between plaintiff and defendant
D. It lies on the person best able to adduce evidence
Correct Answer: B
Explanation: Section 107 of the Evidence Act states that the burden
of proof lies on the person who asserts the affirmative of any issue.
This is the general rule in civil cases.
Which of the following is NOT a type of estoppel recognized under
Kenyan law?
A. Estoppel by record
B. Estoppel by deed
C. Estoppel by negligence
D. Estoppel by conduct
Correct Answer: C
Explanation: The recognized types of estoppel are: estoppel by
record (judgment), estoppel by deed, estoppel by conduct
(conventional), and estoppel by silence. Estoppel by negligence is not
a recognized category.
Res gestae evidence is admissible because:
A. It is the most reliable form of evidence
B. The circumstances of spontaneity eliminate the possibility of
fabrication
C. All hearsay evidence is admissible in criminal cases
D. The judge has discretion to admit it
Correct Answer: B
Explanation: Res gestae statements are admissible as an exception
to hearsay because they are made spontaneously during or
immediately after an event, leaving no time for concoction or
fabrication.
, What is the key difference between an admission and a confession?
A. A confession is made only in civil cases
B. An admission is always in writing, a confession is oral
C. A confession is an admission of guilt in a criminal proceeding
D. There is no difference - they are synonymous terms
Correct Answer: C
Explanation: An admission is a broader term referring to any
statement suggesting an inference against the maker's interest. A
confession is specifically an admission of guilt in a criminal case.
Which of the following documents is considered a PUBLIC document
under the Evidence Act?
A. A private contract between two individuals
B. A memorandum of association of a company
C. Documents forming the acts or records of sovereign authority
D. A will probated by a family court
Correct Answer: C
Explanation: Public documents include documents forming the acts
or records of sovereign authority, official bodies, tribunals, and
public officers. Private contracts and company memoranda are
private documents.
The doctrine of judicial notice means that:
A. The court must receive evidence on all facts
B. The court accepts certain facts as true without requiring proof
C. The judge can notice facts from personal knowledge
D. Parties must notify the court of all facts they intend to prove
Correct Answer: B
Explanation: Judicial notice allows courts to accept certain facts as
true without formal proof, such as laws of Kenya, public statutes,
and well-known facts.
EXAM PREDICTOR 2026/2027 Q&A
Under the Kenyan Law of Evidence Act (Cap 80), which of the following
best defines "relevant facts"?
A. Facts that are directly disputed by the parties in the case
B. Facts that make the existence of any fact in issue more or less
probable
C. Facts that are admitted by all parties without contention
D. Facts that the judge decides to consider at their discretion
Correct Answer: B
Explanation: Section 3 of the Evidence Act defines relevant facts as
those which make the existence or non-existence of any fact in issue
more or less probable. Option A describes facts in issue, Option C
describes admitted facts, and Option D incorrectly suggests judicial
discretion rather than legal relevance.
In a criminal trial for murder, the prosecution must prove the case
beyond reasonable doubt. What is the standard of proof required for
the defence to establish an affirmative defence such as insanity?
A. Beyond reasonable doubt
B. Balance of probabilities
C. Clear and convincing evidence
D. Prima facie evidence
Correct Answer: B
Explanation: In Kenyan law, the defence bears a lighter burden
when proving affirmative defenses like insanity - they must prove
on a balance of probabilities (more likely than not), whereas the
prosecution must prove guilt beyond reasonable doubt.
Which of the following statements about hearsay evidence is CORRECT
under Kenyan law?
, A. Hearsay evidence is always admissible in civil cases
B. Hearsay evidence is generally inadmissible but has statutory
exceptions
C. Hearsay evidence is admissible if the original maker is unavailable
D. Hearsay evidence is admissible if corroborated by other evidence
Correct Answer: B
Explanation: The hearsay rule excludes out-of-court statements
offered for their truth, but the Evidence Act provides specific
exceptions such as res gestae, dying declarations, and statements in
public documents.
A confession made by an accused person to a police officer is:
A. Always admissible in court
B. Admissible if corroborated by other evidence
C. Generally inadmissible unless made before a magistrate
D. Admissible only in summary offences
Correct Answer: C
Explanation: Under Section 25 of the Kenyan Evidence Act,
confessions to police officers are generally inadmissible to prevent
coercion. They must be made before a magistrate to be admissible.
Which presumption is REBUTTABLE under Kenyan law?
A. Presumption of marriage from long cohabitation
B. Presumption of the validity of a duly registered marriage
C. Presumption that a child under 8 years cannot commit a crime
D. Presumption of the authenticity of public documents
Correct Answer: A
Explanation: Presumption of marriage from long cohabitation is
rebuttable - it can be challenged with evidence. The presumption
that a child under 8 cannot commit a crime is irrebuttable
(conclusive) under Kenyan law.
,In a civil case, what is the general rule regarding the burden of proof?
A. It lies on the defendant to disprove the plaintiff's case
B. It lies on the person who asserts the affirmative of any issue
C. It is shared equally between plaintiff and defendant
D. It lies on the person best able to adduce evidence
Correct Answer: B
Explanation: Section 107 of the Evidence Act states that the burden
of proof lies on the person who asserts the affirmative of any issue.
This is the general rule in civil cases.
Which of the following is NOT a type of estoppel recognized under
Kenyan law?
A. Estoppel by record
B. Estoppel by deed
C. Estoppel by negligence
D. Estoppel by conduct
Correct Answer: C
Explanation: The recognized types of estoppel are: estoppel by
record (judgment), estoppel by deed, estoppel by conduct
(conventional), and estoppel by silence. Estoppel by negligence is not
a recognized category.
Res gestae evidence is admissible because:
A. It is the most reliable form of evidence
B. The circumstances of spontaneity eliminate the possibility of
fabrication
C. All hearsay evidence is admissible in criminal cases
D. The judge has discretion to admit it
Correct Answer: B
Explanation: Res gestae statements are admissible as an exception
to hearsay because they are made spontaneously during or
immediately after an event, leaving no time for concoction or
fabrication.
, What is the key difference between an admission and a confession?
A. A confession is made only in civil cases
B. An admission is always in writing, a confession is oral
C. A confession is an admission of guilt in a criminal proceeding
D. There is no difference - they are synonymous terms
Correct Answer: C
Explanation: An admission is a broader term referring to any
statement suggesting an inference against the maker's interest. A
confession is specifically an admission of guilt in a criminal case.
Which of the following documents is considered a PUBLIC document
under the Evidence Act?
A. A private contract between two individuals
B. A memorandum of association of a company
C. Documents forming the acts or records of sovereign authority
D. A will probated by a family court
Correct Answer: C
Explanation: Public documents include documents forming the acts
or records of sovereign authority, official bodies, tribunals, and
public officers. Private contracts and company memoranda are
private documents.
The doctrine of judicial notice means that:
A. The court must receive evidence on all facts
B. The court accepts certain facts as true without requiring proof
C. The judge can notice facts from personal knowledge
D. Parties must notify the court of all facts they intend to prove
Correct Answer: B
Explanation: Judicial notice allows courts to accept certain facts as
true without formal proof, such as laws of Kenya, public statutes,
and well-known facts.
