East African Community Court of Justice
Rules of Procedure, 2019.
Taking and
recording of
evidence.
75.
(1)The evidence of every witness shall be given orally
in open court in the language of the Court and shall be recorded
not in the form of question and answer but in a narrative by the
official Court recorder and the record of each hearing shall be
signed by the presiding judge and kept and maintained by the
Registrar.
(2) The Court may, on its own motion or application by
any party take down any particular question and answer or any
objection to any question if there appears to be any special reason
for doing so.
(3) Where any question put to a witness is objected to
by a party or his advocate and the Court allows the same to be
put, it shall take down the question, the answer, the objection and
the name of the person making it together with the decision of the
Court thereon.
(4) Where documentary evidence is admitted there shall
be endorsed by the Presiding Judge in every document as far as it
is practicable the following particulars:(a)
the number and title of the case;
(b) the name of the person producing the document;
(c) the date on which the document was produced;
and
(d) its identification number or letters.
(5) A witness who does not understand the language of
the Court shall testify in the language understood by him or her
and such language shall be interpreted into the language of the
Court by a person proved to the satisfaction of the Court to be
conversant with both languages after being sworn or affirmed.
Hearing and
adjournments.
76.
(1) Hearing of evidence shall continue from day to day
until all the witnesses in attendance have been examined unless
the Court finds it necessary to adjourn for reasons to be recorded.
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