Below is section 78A of the Kenya Evidence Act which talks about admissibility of electronic evidence in Kenya.
78A. Admissibility of electronic and digital evidence
(1) In any legal proceedings, electronic messages and digital material shall be
admissible as evidence.
(2) The court shall not deny admissibility of evidence under subsection (1) only
on the ground that it is not in its original form.
(3) In estimating the weight, if any, to be attached to electronic and digital
evidence, under subsection (1), regard shall be had to—
(a) the reliability of the manner in which the electronic and digital evidence
was generated, stored or communicated;
(b) the reliability of the manner in which the integrity of the electronic and
digital evidence was maintained;
(c) the manner in which the originator of the electronic and digital
evidence was identified; and
(d) any other relevant factor.
(4) Electronic and digital evidence generated by a person in the ordinary course
of business, or a copy or printout of or an extract from the electronic and digital
evidence certified to be correct by a person in the service of such person, is on
its mere production in any civil, criminal, administrative or disciplinary proceedings
under any law, the rules of a self-regulatory organization or any other law or the
common law, admissible in evidence against any person and rebuttable proof of
the facts contained in such record, copy, printout or extract.
Evidence Law: Admissibility of electronic and digital evidence in Kenya
Admin
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