[2018] KEELC 4129 (KLR)
The court found that the compact disk annexed to the further affidavit was inadmissible because it was not accompanied by a certificate of authenticity as required by Section 106B of the Evidence Act. Furthermore, the deponent, Benjamin Kingori, did not claim to be the originator of the disk, nor did he assert any...
Source-derived case information.
- Citation
- [2018] KEELC 4129 (KLR)
- Parties
- Plaintiff: Petro Oil Kenya Limited; Defendant: The National Police Service Commission; Defendant: The Officer In-Charge Tononoka Admin Police Camp; Defendant: The Ethics and Anti-Corruption Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 395 of 2017
- Procedural Posture
- Civil Suit / Ruling on Admissibility of Evidence
- Outcome
- Objection upheld; electronic evidence expunged from the record.
- Judges
- LC Komingoi
- Legal Topics
- Admissibility of Evidence, Electronic Evidence, Certificate Requirement, Trespass, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Petro Oil Kenya Limited
Plaintiff
The National Police Service Commission
Defendant
The Officer In-Charge Tononoka Admin Police Camp
Defendant
The Ethics and Anti-Corruption Commission
Defendant
Procedural Posture
Civil Suit / Ruling on Admissibility of Evidence
Legal Issues
- 1 Whether the compact disk containing video footage is admissible as evidence in the absence of a certificate under Section 106B of the Evidence Act.
- 2 Whether the origin and authenticity of the electronic evidence have been properly established.
Ratio Decidendi
The court found that the compact disk annexed to the further affidavit was inadmissible because it was not accompanied by a certificate of authenticity as required by Section 106B of the Evidence Act. Furthermore, the deponent, Benjamin Kingori, did not claim to be the originator of the disk, nor did he assert any expertise in the creation of such electronic evidence. The court emphasized that the origin of the disk was unclear, and therefore, the requirements for admissibility of electronic evidence had not been met. As a result, the compact disk was expunged from the court record and was found to add no probative value to the issues in question.
Court Disposition
Objection upheld; electronic evidence expunged from the record.
Orders
- The compact disk annexed to the further affidavit of Benjamin Kingori is inadmissible and is expunged from the court record.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MOMBASA
ELC NO. 395 OF 2017
PETRO OIL KENYA LIMITED...............................................................................PLAINTIFF
VERSUS
THE NATIONAL POLICE SERVICE COMMISSION.............................1ST DEFENDANT
THE OFFICER IN-CHARGE TONONOKA ADMIN POLICE CAMP...2ND DEFENDANT
THE ETHICS AND ANTI-CORRUPTION COMMISSION.....................3RD DEFENDANT
RULING
1. Mr. Makuto for the 1st & 2nd Defendants/Respondents objects to the admission of a compact disk containing a video footage. The same is annexed to the further affidavit of Benjamin Kingori sworn on the 23. 1.2018.
2. In paragraph of the said affidavit, Benjamin Kingori has annexed a compact disk which he states contains a video footage showing unidentified persons trespassing on the suit property by accessing from the 2nd Defendant’s neighbouring premises and breaking down the wall.
3. I have considered the relevant provisions of the law, Sections 78, 78A and 106B of the Evidence Act. I hereby make the following observations;
a) The said compact disk is not accompanied by a certificate as to its authentity as required by Section 106B of the Act.
b) Benjamin Kingori does not say he is the originator of the same.
c) He does not say he is a professional or expert in the area of making such information contained in the said compact disk.
d) Infact it is not clear who the originator of the compact disk is.
I find that the same is inadmissible and is expunged from the court record. It however adds no probative value to the issues in question.
It is so ordered.
Dated, signed and delivered atMombasa on the15th dayofFebruary 2018.
_________________
L. KOMINGOI
JUDGE
15/2/2018