A Comparative study on the admissibility of digital evidence in criminal courts in Kenya
Date
2017-01
Authors
Chepkemoi, Maritim Purity
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
Section 106B of the Evidence Act of Kenya regulates the admissibility of digital evidence in
Kenya. With the evolution of technology, questions can be raised as to whether the standards for
admissibility outlined in Section 106B are sufficient. This research critiques the sufficiency of
standards of admissibility of evidence outlined in Section 106B. It does so by engaging in a
comparative study of the standards used in the UK and in South Africa. The study arrives at the
conclusion that the standards of admissibility currently in place offer too wide investigatory
powers for law enforcement. These powers are subject to abuse and may result in compromising
the integrity of digital evidence. The standards in Section 106B offer little guidance for law
enforcement and criminal justice partners in admitting digital evidence. With the evolution of
technology as well as the primacy placed on personal liberties such as the right to privacy, more
stringent rules must be developed. In order to complement the standards outlined in section
106B, guidelines should be developed. These guidelines could either be general or sectoral. They
should be reviewed constantly in order to keep up with the latest technology trends. The
guidelines to be developed should guide law enforcement and criminal justice partners in the
collection, analysis, presentation and preservation of digital evidence in order to prevent adverse
rulings.
Description
Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree, Strathmore
University Law School
Keywords
Admissibility, Digital Evidence, Criminal Courts, Kenya