Thanks for pointing this out Francis. The article is being slightly alarmist talking about rights to privacy, the law is clear in this case. What is worrying is that evidence that has been collected via electronic means is apparently not admissible in court in the year 2017. This is a critical oversight and looking to close that loophole is laudable. On 22 May 2017 at 10:27, Francis Monyango via kictanet < kictanet@lists.kictanet.or.ke> wrote:
The law is very clear, NIS Act section 36 requires the officers to get a warrant exparte. Hence the other party is not notified that a snoop order has been issued. Even if they amend the Evidence Act, let them get snooping orders from relevant officers.
On May 22, 2017 09:38, "Ali Hussein via kictanet" < kictanet@lists.kictanet.or.ke> wrote:
June
Explain 'Mandatorily inclusive' to a layman.
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On Mon, May 22, 2017 at 8:44 AM +0300, "June Tessy via kictanet" < kictanet@lists.kictanet.or.ke> wrote:
This is very interesting, especially because our Kenyan law is
mandatorily inclusive meaning it doesn't really matter how the evidence is collected or found generally.
What would be of importance is whether the evidence is relevant and admissible per the law.
Let's see how this plays out.
On 22 May 2017 5:59 a.m., <kictanet-request@lists.kictanet.or.ke> wrote:
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Today's Topics:
1. Tobiko seeks use of phone taps in court (Grace Githaiga) 2. Re: Tobiko seeks use of phone taps in court (Ali Hussein) 3. Re: Feedback on the 2016 ICT POLICY - REMINDER No. 8 (Ali Hussein)
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Message: 1 Date: Mon, 22 May 2017 00:41:09 +0300 From: Grace Githaiga <ggithaiga@kictanet.or.ke> To: "kictanet@lists.kictanet.or.ke" <kictanet@lists.kictanet.or.ke> Subject: [kictanet] Tobiko seeks use of phone taps in court Message-ID: <5eb1d690c739fc918d2fe2a54c249d15@webmail.kictanet.or.ke> Content-Type: text/plain; charset="utf-8"
The Director of Public Prosecutions (DPP) Keriako Tobiko wants evidence collected using phone tapping and covert CCTV footage used to try corruption and economic crimes in proposals that could raise debate on suspects? right to privacy.
The DPP has asked Parliament, in a report tabled in the House, to legalise the use of modern technology in Kenyan courts, including receiving evidence through video conferencing, high-tech surveillance techniques, and wiretaps.
http://www.businessdailyafrica.com/news/Tobiko-seeks-use-of- phone-taps-in-court/539546-3935960-msbgm6/index.html [1]
Best regards
Githaiga, Grace
Co-Convenor Kenya ICT Action Network (KICTANet) Twitter:@ggithaiga Tel: 254722701495 Skype: gracegithaiga Alternate email: ggithaiga@hotmail.com Linkedin: https://www.linkedin.com/in/gracegithaiga www.kictanet.or.ke
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