What to do if a witness is unable to speak.

A witness who cannot speak has the option to present their evidence in a manner other than oral testimony, such as through writing or signs. However, it is important that such writing and signs are produced in the open court. Additionally, evidence provided in this alternative manner will be regarded to as oral evidence.

This is provided under section 128(1) and (2) of the Law of Evidence act [Cap 6 R:E 2019]. The section provides as follows;

"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. (2) Evidence given in accordance with subsection (1) shall be deemed to be oral evidence".