Cybercrimes in the Kenyan banking industry: a review of the legal framework on digital evidence admissibility

Abstract

The research reviews the Kenyan legal framework on cybercrimes with a specific focus on the admissibility of digital evidence in court when such crimes occur in the banking industry. It then proceeds to tackle the research problem by addressing the following research objectives: First, it identifies the legal framework on cybercrimes, cybersecurity and digital evidence admissibility. It then proceeds to investigate challenges and gaps presented by the legal framework when investigating and prosecuting cybercrimes in the banking industry; finally, through a comparative study of South Africa, Malaysia and India, valuable insights are identified which Kenya can adapt to her context to alleviate the research problem. Through desktop research, the findings of this study reveal that the ubiquitous nature of the cyberspace poses great challenges in the terrestrial world when investigating and prosecuting cybercrime cases in the banking industry. It therefore proposes recommendations on the urgent need to reconsider and redraft the legal framework on digital evidence admissibility and cybercrimes to provide legal certainty. Lastly, this study is instrumental to scholars, researchers, policymakers and the Kenyan Government in reference to the research topic.