Hearsay is an out-of-court statement tendered to prove the truth of its contents. The Evidence Act still makes the general rule of exclusion the starting point. If you cannot say, in one sentence, why the statement is hearsay, you are not ready to argue an exception.
Law of Evidence · Lecture notes
Hearsay, and Why Courts Distrust the Absent Speaker
A usable definition, the rationale, and the exceptions that actually appear in East African evidence papers.
Hornbook Faculty4 min read0 reads
- The original speaker is not on oath.
- The trier of fact cannot watch their demeanour.
- The opponent cannot cross-examine them.
- The risk of repetition error grows with each retelling.
If the statement is tendered only to show that it was made — for example, that a threat was uttered, or that notice was given — it is not hearsay. Purpose is everything. Write the purpose before you write the rule.
Exceptions you must be able to run
- Admissions and confessions, with the voluntariness rules.
- Dying declarations: a settled hopeless expectation of death, as to the cause.
- Res gestae: spontaneous statements that are part of the event, not a later narrative.
- Business and public records, where the statute conditions are met.
- Prior statements of a witness, for consistency or contradiction, which are not hearsay when used that way.