PART XVIII – VISITING FORCES

284. Proof of certain facts

(1) For purposes of this Part, a certificate issued by or on behalf of the appropriate authority of a designated country—

(a) that a body of the forces of that country is or was at a particular time present in Kenya shall, in proceedings in a Kenyan court, be conclusive evidence of the fact certified;

(b) that a named person at a particular time either was or was not a member (whether as a member of the force or as a member of the civilian component or as a dependant) of a visiting force of that country shall, in proceedings in a Kenyan court, be sufficient evidence of the fact, unless the contrary is proved;

(c) that a named person—
(i) on particular date was sentenced by a service court of that country to a particular punishment;
(ii) is, or was at a particular time, detained in custody under a sentence passed by a service court of that country; or
(iii) at a particular time and place, was tried by a service court of that country for a particular offence,
shall, in proceedings in a Kenyan court, be conclusive evidence of the fact certified.

(2) If—
(a) in a certificate issued for the purposes of this section reference is made to a person by name; and
(b) in proceedings in a Kenyan court, reference is made to a person by that name (whether as a party to the proceedings or otherwise),
the reference in the certificate and the reference in the proceedings shall be presumed to be references to the same person, unless the contrary is proved.

(3) A document purporting to be a certificate issued for the purposes of this section, and to be signed by or on behalf of a particular authority, shall be presumed to be a certificate issued by or on behalf of that authority, unless the contrary is proved.

(4) If a document purporting to be a certificate issued for the purpose of this section—
(a) is one which under this section may be issued by or on behalf of the appropriate authority of a designated country; and
(b) purports to be signed by or on behalf of an authority of that country,
that authority shall, in any proceedings in a Kenyan court, be presumed to be the appropriate authority of that country for the purposes of this section, unless the contrary is proved.

(5) If in proceedings in a Kenyan court it is admitted or proved (whether by means of a certificate or otherwise) that a body of the forces of a designated country is or was at a particular time present in Kenya, it shall be presumed in those proceedings that the body is or was at that time lawfully present in Kenya, unless the contrary is proved.