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…He submitted that Sections 106B(4) & 65(8) of the Evidence Act require compliance with any, not all of the listed conditions.…

…Whether the plaintiffs’ electronic evidence complies with the mandatory requirements of Sections 65(8) and 106B of the Evidence Act. 19.…

…Lastly, it was stated that the Evidence Act, at section 34 thereof, permits the Court to admit such evidence. 5. The application was opposed.…

…It was urged that what the Court had to determine was whether the principles in section 34(1) of the Evidence Act had been met.…

…Does this case bring itself within the exceptions in section 33 of the Evidence Act?…

…We do not think that Nyakairu’s statement was admissible under section 33 of the Evidence Act.…

…Section 65 (1) of the Evidence Act provides as follows:- “Primary evidence means the document itself produced for the inspection of the court.”…

…Section 67 of the Evidence Act provides as follows:- “Documents must be proved by primary evidence except in the cases hereinafter mentioned.”…

…The 3 rd respondent cites section 106B of the Evidence Act which sets out the threshold for admissibility of electronic or digital evidence.…

…Further Section 106 B of the Evidence Act provides; 106B.…

…Act.…

…Act.…

…RULING The objection raised by the Plaintiff counsel is based on Section 35 of the Evidence Act.…

…Be as it may, Section 65 of the Evidence Act deals with documentary evidence in a trial. Section 65 (1) of the Evidence Act deals with primary evidence which is the production of the original evidence itself.…

…But he also made submissions on the correct appreciation of the application based on section 33 of the Evidence Act.…

…Sections 71 and 72 of the Evidence Act deal with proof of attestation of documents and so are not relevant to this application.…

…Act.…

…Section 106 A of the Evidence Act is section 106 of the Evidence Act provides that electronic records may be proved in court in accordance with the provisions of section 106 b of the same Act.  …

…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…

…Act on account that there was no proof that PW1 was acquainted with the handwriting on the notes, the proviso to section 124 of the Evidence Act provides that no corroboration is required in cases where the court believes…

…Section 124 of the Evidence Act comes to play. The section is clear that no corroboration is necessary in criminal cases involving a sexual offence.…

…In our jurisdiction, there is an elaborate procedure for an applicant to bring his/her case on presumption of death within the ambit of Section 118A of the Evidence Act.…

…It is my considered view that the applicant has met the threshold set in Section 118A of the Evidence Act by providing evidence which raises a presumption that the subject is dead. 15.…

…Nyauchi, Counsel for the Applicant, has cited the applicable law as section 118A of the Evidence Act Cap. 80 Laws of Kenya and Misc. Application No.…

…Section 118A of the Evidence Act provides that: 118A. Presumption of death.…

…Section 78A of the Evidence Act provides that: - “78A.…

…However, there is no evidence that a certificate was produced as required under Section 106B of the Evidence Act.…

…She relied on Section 140 of the Evidence Act in support of her submissions. 7.…

…177 of the Evidence Act and that it is only after the Bank statements have been proved to be such, that a party can then comply with Section 106 (B) of the Evidence Act. 8.…

…Section 69 of the Evidence Act Cap 80 Laws of Kenya provides as follows:- “ 69. Notice to produce a document.…

…The notice to produce is brought under Section 69 of the Evidence Act. Succession proceedings are ‘ sui generis’ and are governed the Law of Succession Act and Rules.…

…In rejoinder, the 1st defendant submitted that the Plaintiff bears the burden of proof under Sections 107 and 109 of the Evidence Act to proof its case.…

…177 of the Evidence Act.…

…The Defendants’ Notice is dated 16 th September 2024 and they object to 20 documents the Plaintiff seeks to rely on primarily for want of compliance with the Evidence Act .…

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…The aforestated documents are all public documents as defined in Section 79 (1)(a) (ii) and (b) of the Evidence Act.…

…PW7 is a public officer as defined in Section 2 of the Act. the documents are admissible in evidence under Section 35 of the Evidence Act as they are evidence as to facts in issue.…