Hi Listers,
When it comes to admissibility of electronic records the court is guided by Sections 106A-I of the Evidence Act.
The basic provisions are
-Any information contained in an electronic record shall be considered to be a document and admissible in evidence without need to produce the original document provided the following conditions are met
· The information was produced from a computer which was used to process it by a person having lawful control over that computer
· The information was input into the computer in the ordinary course of business/activities
· The computer was operational during the period in which the information was stored and if not, the malfunction did not distort/affect the information
· If the information is entered by a series of computers, they shall be deemed to constitute one computer
· Regarding electronic signatures, the subscriber of that signature must prove that it is theirs unless the signature is secure
· The court will presume in the case of documents containing electronic signatures that the signature has not been altered since it was affixed, unless it is proved to the contrary
· Information contained in electronic form of the government gazette is admissible provided it is contained in the format required by law
· A court shall presume that every electronic record purporting to be an agreement containing the electronic signatures of the parties was concluded by affixing the digital signature of the parties
· Regarding e-mails and other electronic messages ( sms) the court may presume that the message forwarded by the originator to the person to whom the message purports to be addressed corresponds with the message as fed into his computer(or phone as the case may be) for transmission, but the court shall not make any presumption as to the person by whom such a message was sent.
From the definition of computer in the act,the conditions would also apply to IPADS,PHONES ETC.
Good morning Listers
This is day six of our discussion on Aligning records management with ICT e-government and Freedom of Information in East Africa, a study conducted by International Records Management Trust (IRMT) and supported by IDRC . The study covered five Eastern African Countries namely Kenya, Rwanda, Uganda, Burundi and Tanzania
Today is our last day to focus on the second theme namely: Electronic Records and Citizens.
Under this theme, three issues were identified and today we look at the third issue namely Evidentiary Value of Electronic Records: relying on electronic records before the law recognizes them as evidence put governments and citizens at risk. If electronic records are to have value as evidence, the laws of evidence need to be reformed.
Consider this:
· What laws define the rules of evidence in Kenya?
· What do these laws provide in respect of admissibility of electronic records as evidence in judicial and quasi-judicial processes?
· Have there been any reforms in respect of these laws?
· What issues do these laws need to address?
Question
What steps could be taken to raise this issue with Law Reform Commissions and legislators?
Can we kindly get contributions and especially from those with a legal background? This will really be of use to us.
Regards
Grace
_______________________________________________
kictanet mailing list
kictanet@lists.kictanet.or.ke
http://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/kaykerubo%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.