Testimony of a mute person
My brother, who is mute (cannot speak), witnessed a crime. He has now been called to testify in Court. There is a problem regarding his ability to testify while he cannot speak. Is there an alternative way he can use to provide his testimony? Please guide us.
BN, Kilimanjaro
Matters of evidence are primarily governed by the Evidence Act, [Cap. 6 R.E. 2022] (the Evidence Act). The Evidence Act provides alternative ways a mute witness can provide their evidence. According to section 128(1) of the Evidence Act, a witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, such as by writing or by signs; but such writing must be written and the signs made, in open Court. Such evidence shall, according to the law, be deemed to be oral evidence. Your lawyer can guide you further.