RULES GOVERNING THE ADMISSIBILITY OF EVIDENCE
Introduction
The topic introduces trainees to admissibility of evidence. It explains collateral facts related to
relevance of evidence, the difference between admissibility and weight of evidence
Objectives of the topic
By the end of the topic the learners should be able to:
➢ Define the concept relevance and admissibility.
➢ Explain the relationship between relevance and admissibility.
➢ Differentiate between weight and admissibility.
➢ Discuss the relationship between relevance and admissibility.
As a rule, any evidence which is relevant is admissible unless there are some other rules of
evidence that excludes it. The reason why the prosecutor will tender evidence is to persuade the
court of the truth of the facts upon which the success of his case depends. Then any proof of the
facts that has no bearing to the charge laid before the court cannot assist or help the court in
deciding the matter, hence they are regarded as irrelevant and therefore inadmissible. Insistence
to tender irrelevant and inadmissible evidence is likely to cloud issues, waste time and expenses
and lead to examination of collateral issues and may definitely confuse the court.
For example, Hassan is to testify that she has been assaulted by Omar in 2016, the inclusion of the
fact that Omar stolen his clothes sometime in 2015 do not have direct bearing to prove the case of
assault and is therefore irrelevant and therefore inadmissible and its tendering in court is likely to
confuse the court or waste court’s time.
Relevance
Evidence is relevant when ‘any two facts are so related to each other that according to the common
course of events one either taken by itself or in connection with other facts proves or renders
probable, the past, present or future existence or non-existence of the other.
Evidence is relevant if it is logically probative or disapprobative of some matter which requires
proof, i.e. evidence which makes the matter which requires proof more or less probable. Relevance
is normally determined by:
➢ Common sense
➢ Experience
➢ Logic as opposed to law
Relevant Facts
1. Facts forming part of same transaction
1|P a ge
Introduction
The topic introduces trainees to admissibility of evidence. It explains collateral facts related to
relevance of evidence, the difference between admissibility and weight of evidence
Objectives of the topic
By the end of the topic the learners should be able to:
➢ Define the concept relevance and admissibility.
➢ Explain the relationship between relevance and admissibility.
➢ Differentiate between weight and admissibility.
➢ Discuss the relationship between relevance and admissibility.
As a rule, any evidence which is relevant is admissible unless there are some other rules of
evidence that excludes it. The reason why the prosecutor will tender evidence is to persuade the
court of the truth of the facts upon which the success of his case depends. Then any proof of the
facts that has no bearing to the charge laid before the court cannot assist or help the court in
deciding the matter, hence they are regarded as irrelevant and therefore inadmissible. Insistence
to tender irrelevant and inadmissible evidence is likely to cloud issues, waste time and expenses
and lead to examination of collateral issues and may definitely confuse the court.
For example, Hassan is to testify that she has been assaulted by Omar in 2016, the inclusion of the
fact that Omar stolen his clothes sometime in 2015 do not have direct bearing to prove the case of
assault and is therefore irrelevant and therefore inadmissible and its tendering in court is likely to
confuse the court or waste court’s time.
Relevance
Evidence is relevant when ‘any two facts are so related to each other that according to the common
course of events one either taken by itself or in connection with other facts proves or renders
probable, the past, present or future existence or non-existence of the other.
Evidence is relevant if it is logically probative or disapprobative of some matter which requires
proof, i.e. evidence which makes the matter which requires proof more or less probable. Relevance
is normally determined by:
➢ Common sense
➢ Experience
➢ Logic as opposed to law
Relevant Facts
1. Facts forming part of same transaction
1|P a ge
