Re: [kictanet] Day 6: e-Discussion. What laws define the rules of evidence in Kenya?
Dear Kerubo,With electronic signature is the "telephone number, mobile number" a representation of it? If so does it mean that any communication via telephone (sms) a person is represented numerically by it? Then can it be a valid identification for persons in the tech revolution or rather this ICT age.Hence get rid paper! On Thu Sep 22nd, 2011 4:40 AM PDT Kerubo Ombati wrote:
*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.*
On Thu, Sep 22, 2011 at 2:34 AM, Grace Githaiga <ggithaiga@hotmail.com>wrote:
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****
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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.
We still have some work to do with respect to admissibility of electronic records in our court room. We need to build a public key infrastructure (PKI) which basically is a set of hardware, software, people, policies, and procedures needed to create, manage, distribute, use, store, and revoke digital certificates. In essence we shall enable virtual identity that makes it easier to authenticate information. We already developed a master plan. We simply need to start implementation. Requires about $4 million. Wikipedia explain PKI as follows: In cryptography, a PKI is an arrangement that binds public keys with respective user identities by means of a certificate authority (CA). The user identity must be unique within each CA domain. The binding is established through the registration and issuance process, which, depending on the level of assurance the binding has, may be carried out by software at a CA, or under human supervision. The PKI role that assures this binding is called the Registration Authority (RA). The RA ensures that the public key is bound to the individual to which it is assigned in a way that ensures non-repudiation. Regards Ndemo.
Dear Kerubo,With electronic signature is the "telephone number, mobile number" a representation of it? If so does it mean that any communication via telephone (sms) a person is represented numerically by it? Then can it be a valid identification for persons in the tech revolution or rather this ICT age.Hence get rid paper!
On Thu Sep 22nd, 2011 4:40 AM PDT Kerubo Ombati wrote:
*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.*
On Thu, Sep 22, 2011 at 2:34 AM, Grace Githaiga <ggithaiga@hotmail.com>wrote:
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****
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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.
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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.
---------------------------------------------- This message has been scanned for viruses and dangerous content by Jambo MailScanner, and is believed to be clean. --------------------------------------------- "easy access to the world"
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Thanks Barrack, Kerubo, Meshack and Dr. Ndemo making contributions to today's debate. Barrack, you raise a critical issue namely that files can also disappear in the cloud. And as you suggest, there is need for change management. Kerubo, thanks for providing the sections of the evidence act that guide admissibility of electronic records by courts, and most important reminding us that the definition provided of what a computer is affects the ipad and phones. Could you kindly respond to Meshak's concern of whether telephone numbers and mobile numbers constitute electronic signatures? Meshack, you got me thinking on the issue of numerical representation of an individual. Dr. Ndemo, you remind us that there are still many rivers to cross in regard to admissibility of electronic records. I wonder how many policy makers share in this idea of the public key infrastructure (PKI) since it is a welcome idea. Listers please feel free to continue discussing these issues. Rgds Grace ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
@Bitange I think the Amended (2009) Communication Act allowed for the provisionning of the Pubic Key Infrastructure (PKI). I am not sure the Govt needs to invest in this. Instead the Regulator (CCK) needs to invite bids from private sector willing to provide this PKI service. This is the international tred (ref: Verisign, Thwate, etc). walu. nb: I cant remember off-head (corrections invited) but I think the contention in the Act at that time was that this PKI function had been reserved exclusively for the Postal Cooperation of Kenya - Yawe would love that :-) --- On Thu, 9/22/11, bitange@jambo.co.ke <bitange@jambo.co.ke> wrote: From: bitange@jambo.co.ke <bitange@jambo.co.ke> Subject: Re: [kictanet] Day 6: e-Discussion. What laws define the rules of evidence in Kenya? To: jwalu@yahoo.com Cc: kictanet@lists.kictanet.or.ke Date: Thursday, September 22, 2011, 11:12 PM We still have some work to do with respect to admissibility of electronic records in our court room. We need to build a public key infrastructure (PKI) which basically is a set of hardware, software, people, policies, and procedures needed to create, manage, distribute, use, store, and revoke digital certificates. In essence we shall enable virtual identity that makes it easier to authenticate information. We already developed a master plan. We simply need to start implementation. Requires about $4 million. Wikipedia explain PKI as follows: In cryptography, a PKI is an arrangement that binds public keys with respective user identities by means of a certificate authority (CA). The user identity must be unique within each CA domain. The binding is established through the registration and issuance process, which, depending on the level of assurance the binding has, may be carried out by software at a CA, or under human supervision. The PKI role that assures this binding is called the Registration Authority (RA). The RA ensures that the public key is bound to the individual to which it is assigned in a way that ensures non-repudiation. Regards Ndemo.
Dear Kerubo,With electronic signature is the "telephone number, mobile number" a representation of it? If so does it mean that any communication via telephone (sms) a person is represented numerically by it? Then can it be a valid identification for persons in the tech revolution or rather this ICT age.Hence get rid paper!
On Thu Sep 22nd, 2011 4:40 AM PDT Kerubo Ombati wrote:
*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.*
On Thu, Sep 22, 2011 at 2:34 AM, Grace Githaiga <ggithaiga@hotmail.com>wrote:
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****
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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.
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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.
---------------------------------------------- This message has been scanned for viruses and dangerous content by Jambo MailScanner, and is believed to be clean. --------------------------------------------- "easy access to the world"
---------------------------------------------- This message has been scanned for viruses and dangerous content by Jambo MailScanner, and is believed to be clean. --------------------------------------------- "easy access to the world" _______________________________________________ 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/jwalu%40yahoo.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.
@walubengo, Yes we provisioned for it but we need to implement it. We have the strategy in place. Now we need to convince other ministries to partner with us. We shall seek for bids in due course. Ndemo. Sent from my BlackBerry® -----Original Message----- From: Walubengo J <jwalu@yahoo.com> Date: Fri, 23 Sep 2011 00:21:17 To: <bitange@jambo.co.ke> Cc: <kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Day 6: e-Discussion. What laws define the rules of evidence in Kenya? @Bitange I think the Amended (2009) Communication Act allowed for the provisionning of the Pubic Key Infrastructure (PKI). I am not sure the Govt needs to invest in this. Instead the Regulator (CCK) needs to invite bids from private sector willing to provide this PKI service. This is the international tred (ref: Verisign, Thwate, etc). walu. nb: I cant remember off-head (corrections invited) but I think the contention in the Act at that time was that this PKI function had been reserved exclusively for the Postal Cooperation of Kenya - Yawe would love that :-) --- On Thu, 9/22/11, bitange@jambo.co.ke <bitange@jambo.co.ke> wrote: From: bitange@jambo.co.ke <bitange@jambo.co.ke> Subject: Re: [kictanet] Day 6: e-Discussion. What laws define the rules of evidence in Kenya? To: jwalu@yahoo.com Cc: kictanet@lists.kictanet.or.ke Date: Thursday, September 22, 2011, 11:12 PM We still have some work to do with respect to admissibility of electronic records in our court room. We need to build a public key infrastructure (PKI) which basically is a set of hardware, software, people, policies, and procedures needed to create, manage, distribute, use, store, and revoke digital certificates. In essence we shall enable virtual identity that makes it easier to authenticate information. We already developed a master plan. We simply need to start implementation. Requires about $4 million. Wikipedia explain PKI as follows: In cryptography, a PKI is an arrangement that binds public keys with respective user identities by means of a certificate authority (CA). The user identity must be unique within each CA domain. The binding is established through the registration and issuance process, which, depending on the level of assurance the binding has, may be carried out by software at a CA, or under human supervision. The PKI role that assures this binding is called the Registration Authority (RA). The RA ensures that the public key is bound to the individual to which it is assigned in a way that ensures non-repudiation. Regards Ndemo.
Dear Kerubo,With electronic signature is the "telephone number, mobile number" a representation of it? If so does it mean that any communication via telephone (sms) a person is represented numerically by it? Then can it be a valid identification for persons in the tech revolution or rather this ICT age.Hence get rid paper!
On Thu Sep 22nd, 2011 4:40 AM PDT Kerubo Ombati wrote:
*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.*
On Thu, Sep 22, 2011 at 2:34 AM, Grace Githaiga <ggithaiga@hotmail.com>wrote:
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.
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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.
---------------------------------------------- This message has been scanned for viruses and dangerous content by Jambo MailScanner, and is believed to be clean. --------------------------------------------- "easy access to the world"
---------------------------------------------- This message has been scanned for viruses and dangerous content by Jambo MailScanner, and is believed to be clean. --------------------------------------------- "easy access to the world" _______________________________________________ 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/jwalu%40yahoo.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. ---------------------------------------------- This message has been scanned for viruses and dangerous content by Jambo MailScanner, and is believed to be clean. --------------------------------------------- "easy access to the world"
participants (4)
-
bitange＠jambo.co.ke -
Grace Githaiga -
meshack emakunat -
Walubengo J