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

Fri Sep 23 10:21:17 EAT 2011

@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 at jambo.co.ke <bitange at jambo.co.ke> wrote:

From: bitange at jambo.co.ke <bitange at jambo.co.ke>
Subject: Re: [kictanet] Day 6: e-Discussion. What laws define the rules of evidence in Kenya?
To: jwalu at yahoo.com
Cc: kictanet at 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 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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