Table ofAContents

DISCUSS THE IMPORTANCE OF LAW OF EVIDENCE IN THE ADMINISTRATION OF JUSTICE 2

INTRODUCTION .................................................................................................................................... 2
EVIDENCE DEFINED ............................................................................................................................ 2
ADMINISTRATION OF JUSTICE DEFINITION: ................................................................................ 2
EVIDENCE LAW AND PARTIES TO A CASE AND THEIR WITNESSES ....................................... 3
EVIDENCE LAW PROMOTES PUBLIC CONFIDENCE IN THE ADMINISTRATION OF JUSTICE 3
REDUCES HARSHNESS OF COMMON LAW RULE RELATING TO PRIVILEGES OF EXECUTIVE OFFICERS 3
ORDINARY RULES OF EXCLUSION IN EVIDENCE LAW .............................................................. 3
LAW OF EVIDENCE AND THE POLICE AS PRE-INVESTIGATORS .............................................. 4
ADMISSION TO A POLICE OFFICER .................................................................................................. 4
PRIVILEGE OF ADVOCATES; Sec 134 of the Evidence Act ............................................................... 4
ANOTHER IMPORTANCE TO ADVOCATES ..................................................................................... 4
DISCUSS THE IMPORTANCE OF LAW OF EVIDENCE IN THE ADMINISTRATION OF
JUSTICE
INTRODUCTION
Evidence has most important role in administration of justice. Basically we can say that evidence
is the foundation of justice, no justice can be provided unless the judiciary knows the facts of the
case, and obviously for knowing the facts of the case evidence has to be produced before the
honorable court. The evidence are produced by the parties so that they can prove their point and
thereby convince the court that they are rightful to get the decision in their favor.1
The general functions of evidence law in the administration of justice is then to regulate the
following: collection, organization, presentation, and evaluation of information (evidence) for
the purpose of resolving disputes about the past events in legal adjudication. As was stated by
Lord Denning in Jones v. National Coal Board in the system we adopted from colonies. The
judge sits to hear and determine the issues raised by the parties, not to conduct an investigation or
examination on behalf of society at large as happens in civil jurisdictions. This therefore proves that
the players of administration of justice arena may include among others: investigators of facts;
that may be either the Police in criminal justice or parties to a suit in civil suits, organizers of
evidence; they may be parties to a suit themselves, their lawyers or office of the prosecution,
presenters of evidence which may be the parties themselves, their representatives, witnesses
called to testify, office of the prosecution, Evaluator of evidence; which may either be a judge,
magistrate and arbitrators among others.2
This shows then that if we are to answer the above question then we will be required to show
how the law of evidence regulates the institutions like the police, Parties to offence, their
witnesses and the courts in performing the aforesaid obligations.
EVIDENCE DEFINED
Denotes the means by which an alleged matter of fact, the truth of which is submitted to
investigation is proved or disproved: and, without prejudice to the foregoing generality, includes
statements by accused persons, admissions and observation by the court in its judicial capacity.3
ADMINISTRATION OF JUSTICE DEFINITION:
The personnel, activity and structure of the justice system - courts and police - in the detection,
investigation, apprehension, interviewing and trial of persons suspected of crime4or the process
by which the legal system of a government is executed. The presumed goal of such administration
is to provide justice for all those accessing the legal system

1
'The Importance & Principles of Evidence in Law' (Geek Upd8 - Online Law Reporter, 2017)
<http://law.geekupd8.com/2012/05/importance-principles-of-evidence-in.html> accessed 3 July 2017.
2
Paul Roberts and Adrian Zuckerman, Criminal Evidence, 2nd ed.
3
The Evidence Act
4
'Administration of Justice Definition' (Duhaime.org, 2017)
<http://www.duhaime.org/LegalDictionary/A/AdministrationofJustice.aspx> accessed 26 June 2017.
Ramjas vs. Surendranath (AIR 1980 Allahabad 385) - The Allahabad High Court has said that
the Evidence Law provides a way to the courts. It propounds such rules which can comfortably
conduct administration of justice.5
EVIDENCE LAW AND PARTIES TO A CASE AND THEIR WITNESSES
Evidence law requires that parties to an action or their witnesses called upon to offer evidence,
provide facts relating only to competing versions advanced by them to help the court get to the
truth of the matter in dispute.6
EVIDENCE LAW PROMOTES PUBLIC CONFIDENCE IN THE ADMINISTRATION OF
JUSTICE
Rules of evidence play a very fundamental part in maintaining public confidence in the
administration of justice by demonstrating the integrity of judicial process. For example, when
courts refuse to act on prosecution evidence which has been obtained unlawfully or unfairly.
Evidence law provides the ethical standards for evidence gathering and proof of guilt at trial
which when met reassure the public that lawful state authority is not being exceeded and that the
risk of wrongful conviction has been reduced to a tolerable level.7
REDUCES HARSHNESS OF COMMON LAW RULE RELATING TO PRIVILEGES OF
EXECUTIVE OFFICERS
Under the common law, the executive privilege was absolute, however, the current law of
evidence considers executive Privilege as qualified privilege which will not be allowed unless
failure to recognize such information as privileged is likely to prejudice public interest. See
section 131 and 132 of the evidence Act CAP 80 LOK. 8This may be explained otherwise as the
moral purpose of evidence which establish and regulate the rules relating to the process of proof
in proceedings in courts and tribunals. Whilst this moral dimension is important in civil
proceedings, it has special currency in criminal cases as it reflects the powerful public interest in
bringing the guilty to justice, whilst allowing the innocent to go free. In some cases the rules of
evidence may actually prevent the truth from being discovered in the wider public interest.9
ORDINARY RULES OF EXCLUSION IN EVIDENCE LAW
Are generally motivated by the desire to further the truth-seeking process, in that they tend to
exclude evidence which might be unreliable, which might mislead or prejudice the trier of fact,
or which might otherwise prejudice the fairness of the trial. The fact finder is clothed with
powers to test accuracy and reliability of each evidence presented to it to reduce the risks of
factually erroneous verdicts.
Such rules may include; Most rules of evidence e.g. oath, competency, cross examination which
are designed to make the testimony as reliable as possible therefore ensures credibility in the

5
Ibid,note1
6
Ibid ,note 2
7
Ibid, note2
8
Ibid3
9
Ibid,note1
process of administration of justice. Another rule is the hearsay rule for example requires that
witness can give evidence only of facts of which he has personal knowledge (5 senses)
LAW OF EVIDENCE AND THE POLICE AS PRE-INVESTIGATORS

Under the Evidence Act, the law provides ways through which evidence or otherwise items to be
used in Evidence are to be obtained by the Police. The illegal seizure of items to be used in
evidence may lower peoples trust on the institutions administering justice, thus, the law
considers them as no evidence by not admitting them. So the process of proof should be
regulated by evidentiary rules and principles in order to achieve accelerated, fair and economic
Justice.10This seem to be a power play in criminal justice to balance otherwise unequal power
between the state and the accused by limiting ways in which police can obtain evidence.
ADMISSION TO A POLICE OFFICER
Evidence law is aware of the tendency of the junior officers to compel the accused persons to
admit or confess to offences they did not do, therefore under Section 25A of Kenya Evidence
Act as read with the Confession and Admission Rules 2009, any accused who intend to confess
can only do so before a police officer of a rank of a Chief Inspector of Police and above.
PRIVILEGE OF ADVOCATES; Sec 134 of the Evidence Act
Privileges generally have been considered to go against the major aim of Administration of
justice. That is the provision of justice, therefore, even though under this provision, the
Advocates may not be permitted to give their communication with the client, unless with the
Clients express consent, in cases, this privilege may not act to protect the clients as expected.
For example, the statement of Lord Denning M.R. in Rondel v- Worsley [1966] 3 ALL ER
657, viz: It is a mistake to suppose that he is a mouthpiece of his client to say what he wants: or
his tool to do what he directs. He is none of those things. He owes allegiance to a higher cause. It
is the cause of truth and justice.
This there proves that where for example the communication is a plan to further illegal act such
as committing a crime, the advocate will be duty bound to provide such information to the Police
or the court even without the consent of his/her client.
ANOTHER IMPORTANCE TO ADVOCATES

The rule of civil and criminal evidence, in conjunction with the rules of procedure, establish the
frame work for the process of proof and the conduct of litigation, so that a lawyer advising his
client or preparing his case for trial or presenting it to the court or tribunal will know what issues
his/her client must prove in order to succeed.

10
http://www.abyssinialaw.com/study-on-line/item/932-meaning-and-nature-of-evidence-law [Accessed 3 Jul.
2017].