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

[meshack emakunat]

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 at 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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