THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL AND TAX DIVISION
HCCCOMM E094 OF 2023
SAMUEL MUNGAI MUIGAI………………………….…………………………………. PLAINTIFF
VERSUS
MUVANS LIMITED T/A ZUKABET…………………………………………………………DEFENDANT
RULING
The Defendant has objected production of documents of pages 58 to 61 of the Plaintiff’s documents. The Defendant has stated that the document which is system generated has not been accompanied by a certificate as required by the Evidence Act. The Plaintiff’s Counsel has stated that these are ones that can be varied during cross-examination.
I have looked at the documents and I agree with the Counsel for the Defendant that on the face of it there is nothing to connect the documents to the witness. There is no signature on the documents nor a stamp by the Plaintiff that would make anyone to own the documents.
The law requires that any document generated a computer or machine should be accompanied by a certificate authenticating their production.
It is my fining that the objection is merited and it is upheld.
The documents shall not be produced as evidence in this matter.
Dated signed and delivered this 14th day of January, 2024
B.M MUSYOKI
JUDGE OF THE HIGH COURT
Ruling delivered in the presence of Mr. Wambugu for the Plaintiff and Mr. Kamunda for the Respondent