lawyers in the house ebu mtupatie advice

Y

Yunomi

Guest
#1
I don't know much law and most of what I know is what I have watched and learned in movies and TV shows.
Camera evidence. Is it admissible in Kenya courts?
The reason I ask this is because too many times we see people breaking the law during news broadcasts (blocking IEBC from performing it's Constitutional mandate, vandalising people's businesses and stoning people's cars) and at least to me I have never seen anybody prosecuted on that evidence.
 

Alftall

Village Elder
#8
I am not a lawyer, but I heard one say that for the clip to be admissible, one has to provide relevant info about the incident plus - unbelievably - the camera's serial number.
 
#9
I don't know much law and most of what I know is what I have watched and learned in movies and TV shows.
Camera evidence. Is it admissible in Kenya courts?
The reason I ask this is because too many times we see people breaking the law during news broadcasts (blocking IEBC from performing it's Constitutional mandate, vandalising people's businesses and stoning people's cars) and at least to me I have never seen anybody prosecuted on that evidence.
It's admissible provided that the conditions of Section 106B(2) of the Evidence Act are fulfilled that being:

(a) the computer output containing the information was produced by the computer during the period over which the computer was used to store or process information for any activities regularly carried out over that period by a person having lawful control over the use of the computer;

(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;

(c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its content; and

(d) the information contained in the electronic record reproduces
or is derived from such information fed into the computer in the ordinary course of the said activities.
 

Who will win the 2022 elections? Ruto vs Raila. Cast your vote!

Top