Search court decisions

…Act, Cap. 80 Laws of Kenya. ` 3.…

…If so, whether the documents meet the requirements of Section 71 of the Evidence Act for admissibility. 6.…

…In so doing she invoked the provisions of Sections 180 of the Evidence Act, and Article 159 of the Constitution.…

…It is the Applicant’s case however that in so doing the learned magistrate misdirected herself as Section 180 of the Evidence Act does not provide for freezing of accounts and that in any event the order for freezing of the…

…The petitioners moved this Court by way of an originating summon brought under section 118A of the Evidence Act; Rule 10 of Probate and Administration Rules; section 17 of the Births and Death Registration Act and section…

…Under section 118 of the Evidence Act, Cap 80 Laws of Kenya, a person is presumed dead if he disappears and is not heard from for a period of 7 years.…

…Section 25A of the Evidence Act, Cap 80, Laws of Kenya, allows recording of confession statements by judicial and senior police officers, so long as the judicial officers are not the ones trying the case, and the senior police…

…Section 25A of the Evidence Act is to be read together with section 26, of the same Act, which provides for the inadmissibility of such confession statements, where it would appear, to the trial court, that the same had been…

…It is argued that the data was not properly authenticated under sections 78A and 106B of the Evidence Act, and the trial court failed to record the Appellant’s objection.…

…Act.…

…Act (Chapter 80 of the Laws of Kenya). 3.…

…The Appellants argue that the trial court ought to have had recourse to section 112 of the Evidence Act which provides that: 112.…

…She also states that a Certificate of Electronic Evidence was duly filed in compliance with Sections 78A and 106B of the Evidence Act together with the flash disk containing the audio recording. 13.…

…The Respondent in addition relies on a Certificate of Electronic Evidence issued pursuant to Section 106B of the Evidence Act.…

…On the admissibility of electronic and digital evidence, it was submitted that Section 78A of the Evidence Act provides for the same and Section 2 of the Evidence Act provides that the Evidence Act shall apply to all judicial…

…Whether the production of the proposed electronic evidence meets the evidentiary standard required under Section 106B of the Evidence Act.…

…Section 33 of the Evidence Act provides for cases where the author of statements or reports including electronic evidence is deceased.…

…Section 78 of the Evidence Act particularly provides for admissibility of photographic evidence which must be accompanied by the requisite certificate provided under the First Schedule of the Evidence Act. 34.…

…Whether the trial court erred in admitting uncertified electronic evidence contrary to Sections 78A and 106B of the Evidence Act.…

…certified under Section 106B of the Evidence Act.…

…The Trial Court erred in failing to find that the prosecution did not prove the offence beyond a reasonable doubt under Sections 107 and 109 of the Evidence Act. 3.…

…The Trial Court erred by failing to consider the prosecution's non-compliance with Sections 64 and 66 of the Evidence Act regarding the certification of primary and secondary evidence. 7.…

…Act. 13.…

…That is captured in sections 109 and 112 of the Evidence Act as follows: 109.…

…Act at Section 83, that Section 66 of the Evidence Act defines “secondary evidence” and that proof of “secondary evidence” is found in Section 68 of the Evidence Act.…

…The definition of what amounts to “secondary evidence” is found at Section 66 of the Evidence Act which provides as follows: 66.…

…E091 OF 2025 IN THE MATTER OF SECTION 118A OF THE EVIDENCE ACT (CAP 80 LAWS OF KENYA) AND IN THE MATTER OF LAW OF SUCCESSION ACT (CAP 160 LAW OF KENYA) AND IN THE MATTER OF AN APPLICATION BY RODAH NDULULU MATUKU FOR A DECLARATION…

…The Evidence Act provides for the burden of proof. 107.…

…Pursuant to Section 106B of the Evidence Act, electronic records—including screenshots—are admissible in evidence provided specific conditions are satisfied.…

…The Evidence Act does not provide the format the certificate required under subsection 106B (2) thereof should take.…

…Act, Cap 80, Laws of Kenya; denying the appellant a right to be heard; the typed proceedings being at variance with the actual court proceedings; the ruling offending sections 67, 68 and 107 of the Evidence Act; and shifting…

…Order 45 rule 1 of the Civil Procedure Rules, sections 67, 68 and 107 of the Evidence Act and Articles 15(2)(d) and 50(1)(2) of the Constitution of Kenya are cited.…

…Section 108 of the Evidence Act further provides that ; “The burden of proof in a suit or proceedings lies on that person who would fail if no evidence at all were given by the other side.” 8.…

…Since the terms proved, disapproved and not proved are statutory definitions contained in the Evidence Act.…

…The counsel added that the documents was a public document and Section 79 of the Evidence Act should apply.…

…The plaintiff has argued that the documents are public documents under Section 79 of the Evidence Act and as such PW8 should be allowed to produce them.…

…Act. b.…

…Act. 13.The admissibility of electronic records is provided for under Section 106 B of the Evidence Act(Cap 80) Laws of Kenya in the following terms:- “106B(1)Notwithstanding, anything contained in this Act, any information…