Open AccessAdmission of electronic evidence
Author(s) -
Isaac Rutenberg,
Stephen Kiptinness,
Abdulmalik Sugow
Publication year - 2021
Publication title -
digital evidence and electronic signature law review
Language(s) - English
Resource type - Journals
eISSN - 2054-8508
pISSN - 1756-4611
DOI - 10.14296/deeslr.v18i0.5280
Subject(s) - commonwealth , section (typography) , jurisprudence , certificate , presumption , law , political science , law and economics , computer science , sociology , algorithm , operating system
In its provision for the admissibility of electronic evidence, the Kenyan Evidence Act includes two apparently conflicting provisions. Under section 106B, the Evidence Act prescribes conditions for admissibility, and uses the concept of a certificate as a means of proof of authenticity. On the other hand, under section 78A, electronic evidence is admissible, with no mention of the use of a certificate. There has been conflicting jurisprudence as a result. This paper proposes that section 106B ought to be repealed to give way to the section 78A presumption of admissibility due to numerous issues associated with the certificate.
Index words: Kenya; Evidence Act; conditions for admissibility; electronic evidence; conflicting jurisprudence; Commonwealth Model Law on Electronic Evidence