[kictanet] Day 6: e-Discussion. What laws define the rules of evidence in Kenya?

Grace Githaiga ggithaiga at hotmail.com
Thu Sep 22 02:34:59 EAT 2011


 
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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